Courts Martial (Hansard, 12 January 1998)

§ 3. Mr. Blunt
What assessment he has made of the effect of incorporation of the European convention on human rights on the court martial system. [20198]

§ Mr. George Robertson
We are satisfied that the recent changes to the court martial system will ensure compliance with the convention.

§ Mr. Blunt
Does the Secretary of State deny that the potential for an appeal under the convention was one of the reasons given by the Lord Chancellor in a letter to him for not court-martialling Major Eric Joyce? Does he deny that that letter was copied to the Minister without Portfolio and was passed to the Army prosecuting authority? Does he deny that the Lord Chancellor advised that the timing of any appeal would be during the run-up to the next election, and so would be unfortunate? Does he deny that that blatant political advice by the Lord Chancellor sits uneasily with his letter to me on Friday, in which he denied absolutely any political involvement in the prosecuting process?

§ Mr. Robertson
As the hon. Gentleman knows only too well—and better than most hon. Members—correspondence between Ministers is confidential, and is quite rightly withheld under the code of access to Government information, which was established by the Conservative Government. I am completely satisfied that the Army's treatment of Major Joyce was fair, reasonable and in proportion to his conduct, and no disciplinary action against him is outstanding. Any decision not to prosecute is taken by the Army prosecuting authority for solely legal, procedural and evidential reasons. That body is completely autonomous, and is analogous to the Crown Prosecution Service. It is independent of the chain of command and of Ministers. I repudiate entirely the implications of what the hon. Gentleman said. To make such allegations or imputations is to question in a most disgraceful manner the integrity and independence of the Army prosecuting authority.

§ Mr. Dalyell
When, just before Christmas, my right hon. Friend saw those powerful television images of men 5 coming out of the Maze prison—men who had done their premeditated best to assassinate the British Cabinet—did his mind stray to the case of Guardsmen Wright and Fisher? Should they not have been tried by court martial; and does the Ministry of Defence believe that although this is technically the responsibility of the Northern Ireland Office, it has some moral responsibility too?

§ Mr. Robertson
It is not just technically the responsibility of the Northern Ireland Office: it is the responsibility of the Northern Ireland Office. It would be strange indeed if it were a matter for the Ministry of Defence. I have not yet heard it suggested that those individuals should have been tried by military court. Their case will be reviewed in due course. The decisions made by my right hon. Friend the Secretary of State for Northern Ireland are made in the best interests of the judicial system that applies there.

§ Sir George Young
May I associate Opposition Front Benchers with the remarks made earlier about the Minister for the Armed Forces? Our thoughts are with him and his two sons following Cathy's tragic early death.
To revert to the point raised by my hon. Friend the Member for Reigate (Mr. Blunt) a moment ago, the Secretary of State can resolve the matter quite easily. Will he deny that the Lord Chancellor wrote to him in the terms described by my hon. Friend?

§ Mr. Robertson
The right hon. Gentleman was a Cabinet Minister in the last Government. He therefore knows that correspondence between Ministers is confidential. It is thus quite proper that it should not be mentioned here—the code was determined by the Conservative Government.
The Army prosecuting authority will take into account all the evidence and all the legal advice that it requires before arriving at its independent decision, based on the legalities. The authority bore in mind not just domestic law but the European convention on human rights, to which we are party, when deciding independently, without political guidance or interference of any kind, what to do in the case of Major Joyce.