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Mr. Julian Brazier (Canterbury): Name the general.
Mr. Deputy Speaker (Mr. Michael J. Martin): Order.
Mr. Bell: Last December, I received an assurance from a senior general that when the Ministry of Defence investigation and that of the Crown Prosecution Service
had been completed and the case returned to the Army, it would be dealt with very quickly. We have been waiting for 10 weeks, and Major Stankovic was told that he would receive an answer within two weeks. We need clarification.1.45 pm
Mrs. Virginia Bottomley (South-West Surrey) rose--
Mr. Deputy Speaker: Order. The right hon. Lady must have the Minister's permission if she wishes to speak.
The Minister for the Armed Forces (Mr. Doug Henderson) indicated assent.
Mrs. Bottomley: The House and my constituent, Milos Stankovic, are greatly in debt to the hon. Member for Tatton (Mr. Bell) for raising this case in an Adjournment debate. Having raised this case myself and having visited Major Stankovic in Farnham recently, I know that it is hard to exaggerate the suffering and distress that he has been caused. This is an appalling case. There are questions to be answered about his career and the uncertainty and lack of information. Those questions have been well set out by the hon. Gentleman.
The case now raises wider questions. How will others be encouraged to serve in such sensitive situations if they feel that they may become vulnerable to accusation and the destruction of their career? More than that, their lives may be destroyed. If it were not for Major Stankovic's courage and fortitude, his situation would be even more precarious.
We have reached a point where the integrity of the Ministry of Defence police is in question. Everyone in the Ministry needs to consider not only how they can make good this matter to Major Stankovic, but how they can work to regain any respect and confidence in the accountability, management and supervision of the Ministry of Defence police. We are all aware that Major Stankovic has acted with great courage. The number of individuals who have been prepared to comment on his integrity, service and ability is formidable.
The Minister for the Armed Forces (Mr. Doug Henderson):
I recognise that several hon. Members have a genuine interest in this case. That has been particularly demonstrated by the hon. Member for Tatton (Mr. Bell) and the right hon. Member for South-West Surrey (Mrs. Bottomley), who have spoken in the debate. I am very pleased that the debate was secured. I hope to be able to answer the specific points, most of which were raised by the hon. Member for Tatton. If I run out of time, I will be happy to try to answer his questions in writing.
I want briefly to explain my obligations in this matter. First, I have an obligation to be mindful of the public interest and the security and defence of the nation. I have
to be mindful also of the strict application of the Official Secrets Acts. I take that obligation extremely seriously. I also have a responsibility to refer any allegations of a breach of the Official Secrets Acts to the appropriate channels.
It is not my obligation to intervene on investigations undertaken by the Ministry of Defence police. It is their responsibility to investigate allegations, and I know that they do so in consultation with the Crown Prosecution Service, which decides whether charges should be pressed. However, in the case of the Official Secrets Acts, the Attorney-General must also be brought into the calculation.
In relation to Major Stankovic's current situation, it is not my responsibility to decide whether further action should be taken against him. It is a matter for the Army chain of command to decide whether there was a breach of Army regulations or whether it could lead to administrative action.
I am also strongly aware of my obligation to ensure fair treatment for every serving member of our armed forces in whatever service and whatever circumstances. I take that responsibility equally seriously with my other obligations and responsibilities.
I now turn to the points that the hon. Gentleman raised in relation to the activities of the Ministry of Defence police. One allegation was that the MOD police had ransacked Major Stankovic's house. A second was that the MOD police showed prejudice by their action in relation to his entitlement to medals. Another allegation was that the MOD police had tried to convince witnesses who would otherwise have been seen as neutral to support the evidence that they had brought to the case and that at least one individual's business had been threatened if he did not comply.
The hon. Gentleman has made serious allegations. He will know that it is not my responsibility to investigate the details. That would be a matter for the Police Complaints Authority. If the hon. Gentleman and others believe that the MOD police did not act properly, they should know that the MOD police are subject to the same scrutiny as other police forces and I suggest that they raise the matter through the Police Complaints Authority.
Mr. Bell:
I accept the Minister's point. Will he ensure that the board to which the Ministry of Defence police is theoretically accountable takes note of those allegations, if necessary, asks Major Stankovic's lawyer to appear before it and holds the chief constable to account, which it has never done before?
Mr. Henderson:
I have every confidence in the MOD police. In fact I attended their most recent board meeting.
If there are referrals to the Police Complaints Authority, the results of any investigation would be subject to monitoring by the Minister of Defence board and by Ministers. I give the hon. Gentleman a guarantee that I will do that should those allegations be made through the Police Complaints Authority.
The hon. Gentleman asked why it took 13 months and two weeks before the Crown Prosecution Service decided that no charges should be brought against Major Stankovic. Hon. Members will be aware that, in most
democratic countries, legal processes are often slow acting because balances are built in and there is an obligation on those investigating to make sure that they get to the bottom of the evidence. In this case, 88 witnesses were interviewed, some on two or three occasions; 107 statements were recorded and tens of thousands of documents had to be examined, many of which had to be translated into English. I hope that those figures give a flavour of the complexity of the investigation that was undertaken by the MOD police.
In relation to the further delay since April, given the speed with which legal processes operate--as hon. Members will know from personal and constituency experience--it is not an inordinate delay from 15 April until now. After the Crown Prosecution Service decided not to press charges because of insufficient evidence, the Army chain of command then had to decide whether there were sufficient grounds to consider taking further evidence which might lead either to charges that could lead to a court martial or to charges that could lead to administrative action. The consideration was that the Army chain of command needed access to at least some of the documents that were held by the MOD police. It took from 15 April until 13 June before a request was made for those documents. Given my knowledge of legal processes, I do not think that that was an inordinate delay.
On 25 June, just over a week later, Major Stankovic's solicitors were informed of the request for that documentation and, on 30 June, they objected to the release of some of the documents. The MOD police are taking advice on whether to release those documents to the Army chain of command. Hon. Members and serving officers in the Army will understand that until the legal processes have been undergone, it would not be proper for the Army chain of command to take a further decision on what the future holds for Major Stankovic.
I hope that I have explained why there have been delays and that the House will accept that they were not inordinate. There certainly has been no attempt by anyone in the MOD or the MOD police to delay the proceedings.
The hon. Gentleman asked why Major Stankovic was taken out of the staff college. He was able to consider classified information there and that would not have been appropriate, given the charges that he might have faced, so it was decided to transfer him to regimental duties where that would not be a problem.
The hon. Gentleman asked why Major Stankovic was not allowed a soldier's friend. In fact, he was allowed a soldier's friend.
Mr. Bell:
He was not allowed a soldier's friend for two months. What kind of justice is that?
Mr. Henderson:
I understand that, within the normal time scale, he was allowed a soldier's friend, but I shall investigate further to find out whether there was any delay of which I was not aware and write to the hon. Gentleman.
The hon. Gentleman then asked why serving soldiers were warned about giving evidence. The answer is that serving soldiers were told that they could give evidence if they wished and if they had relevant evidence to give. As we have a duty of care, we explained to those serving soldiers that if they decided to give evidence they would have to be mindful that they could not disclose any secure information or they could get into difficulty.
The hon. Gentleman asked who the accusers were.I know that the House would not expect me to answer that, as it would be improper. No police authority will divulge its original source of information. It will be a different matter if the case gets to court.
In respect of the future career of Major Stankovic, now that there are no charges to face from the Crown Prosecution Service, Major Stankovic can return to a normal career in the Army, once the Army chain of command has examined the documents from the MOD police and has made a judgment as to whether there were other irregularities which could lead to a court martial or to administrative action. On the assumption that that does not happen and he is again granted security clearance, I see no reason why he should not re-establish his career in the Army. Indeed, I would expect that. I am determined that justice be done and be seen to be done and that everyone who serves in our armed forces should be treated fairly.
As I said in my introductory remarks, I have wider responsibilities and I need to consider the public interest and the security of the nation. I take that very seriously and it has to be balanced against the rights of any individual in any circumstances. I hope that I have answered the points that the hon. Gentleman raised--
It being Two o'clock, the motion for the Adjournment of the House lapsed, without Question put.
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