Select Committee on Defence Minutes of Evidence


Examination of Witnesses (Questions 1280 - 1299)

WEDNESDAY 15 DECEMBER 2004

RT HON ADAM INGRAM MP, COLONEL DAVID ECCLES AND MR MARTIN FULLER

  Q1280  Chairman: You have almost answered this question but the reason I am asking it again is that people are going to pore over every sentence, every word, every syllable, every piece of punctuation, and if there is anything over and above what you have already said then, Minister, please say so. Does this new review mean that you have ruled out any wider review/inquiry into the allegations of bullying at Deepcut or deaths and allegations at other training establishments, and will Mr Blake be able to recommend such a review if his current investigations lead him to do so?

  Mr Ingram: He will make a report and his recommendations are a matter for him. I have said that we will then publicly respond to that. I do not know what his conclusions to this will be. Clearly, they can go from no further action required to what many are campaigning for in that specifically he is looking into Deepcut, because other lines of inquiry may lead him elsewhere. As I said in my opening statement, I am not yet over-convinced of the merits of this but that is not me closing my mind down. It is just that I view it from a slightly different perspective. I do not know whether you want me to share my reasoning in this with you, but when you look at a public inquiry, whether it is into those events of 1995-2002, given the fact that 12,000 troops went through that establishment at Deepcut in that period, if all of them were to be interviewed the inquiry would never finish. You can then slice it down however you want but if a substantial number came forward then how long would that inquiry take? Others are out there saying that it should be into all non-combatant deaths across all of the training establishments, and this includes even road traffic accidents. When all of that is added up, and these are places where there are adult workers, not just trainees, the figure out there is 1,700, and that is the figure which is out there as part of a campaign strategy. If there was a public inquiry into that, 1,700 cases, and if each was, let us say, interviewed for one day, you can then see how long that inquiry would take. Therefore, I have to say that I would rather get to the heart of this and then deal with it. I am dealing in this case with the past, the 1995 period, of which I have no experience or involvement in, and when the sad events of 2001 and 2002 occurred I then immediately put in place all that examination to trawl over all of what we were doing and, if there were failings within the system, correct those failings as best we could.

  Q1281  Chairman: But if Mr Blake recommends it, it is an option that you are then going to have to—

  Mr Ingram: We have to consider it. I think it is wrong at this stage to say that that is an inevitability and I know that is what many people want and I fully appreciate that. I am not dodging that question but I have to wait to see what he recommends.

  Q1282  Chairman: Minister, you know as well as I do, and I have learned from hard experience, that there are people who would say that what you are doing is a side show, that you are avoiding a public inquiry, but are you prepared to say that if Mr Blake recommends that his methodology was inadequate and there is a requirement, this then is a serious option?

  Mr Ingram: I think we live in a climate, no matter what government does, where there will be cynics, and I am not talking about the families; I am talking about those so-called commentators who want to create news, who will cynically view anything that is done and immediately diminish the sincerity and integrity because that is how they want to play it. We just have to live with that. This is not a side show and I have tried to explain the rationale, the way in which we have tried to handle this. Everything we have done, and this is important, and you have recognised this, has been published. We have exposed all that we do within those training environments. There is nothing out there that is not available to people to look over. It saddens me, when I read and hear some of the comments from people who are trying to analyse this, that they have not even examined the quality work that has been done which has identified shortfalls across the range of our training establishments and also looked at ways of solving some of those shortfalls. Some of them are probably not solvable because we have to live in the real world as well, resource-determined, and also because of the impracticalities of some suggestions.

  Q1283  Chairman: You may be interested to know, Minister, that some of us went to Hendon Police College yesterday and they went through exactly the same process in parallel of an enormous influx of trainees at around the same time, and we were listening to ways in which they dealt with the problems of what the consequences were, because what we have been trying to look at in our inquiry is any sort of parallel organisation and there is no parallel to the Armed Forces, but at those who are closest to see how they dealt with some of the problems that you have been dealing with.

  Mr Ingram: I think that is important. You are right: we are the single largest training establishment in Europe, I think. If you look at any other uniformed structured organisation, the Police Service or the Fire Service or Prison Service, they are bringing adults into their training environment and sometimes mature adults, some of whom are from a military background. They are not dealing with the young people we have to deal with, and you have examined some of the characteristics, of those young people: the numbers we have to deal with, the type of people that we draw from that particular pool and the educational abilities of them, and the way we have to do a lot of pre-screening and vetting to try and work through to try and get the best out of all of that. I think you will find it hard to get a comparator other than against some other Armed Forces and best guesstimates, and we will be doing this. I make this point about the Adult Learning Inspectorate. They of course are working assiduously through all of the examinations of all the training establishments and they are bringing that experience in as well. They are putting a spotlight onto what is best practice and best standards, some of which may not be truly applicable to the Armed Forces, but they will have to work that through.

  Q1284  Chairman: We were also looking at a number of foreign military examples, some of which are very good and some of which would make you take off in rapid pace towards the skies, but we will show you some of these options later on. My last question, and I apologise to my colleagues, is this: will the representations you refer to in your statement be submitted in writing or through personal interview with Mr Blake or a combination of both?

  Mr Ingram: It is a matter for him. It is really down to him how he wants to do this. He will want to get to the truth. He will have the ability to be able to discern whether he is getting to it or not, I would guess.

  Q1285  Mr Roy: Minister, can I just clarify on the terms of reference and the remit for Nicholas Blake, would he feel that he is able to make a statement on the deaths outside Deepcut, ie, Catterick and Edinburgh or elsewhere and abroad? If it is not in his terms of reference then surely he is not able to take any evidence, so how can you expect him to be able to say that we should look further, at Catterick and beyond? I understand the reason why you are having an investigation, but I would really be very disappointed if I thought the terms of reference ended up so tight that he was not able to look at evidence elsewhere and open it up.

  Mr Ingram: The reason behind this, as I have set out in my statement to the House, is that it is important to get that qualitative analysis done, not quickly but done within quite a tight time frame because I think we need to get all of this ventilated, but the specific concerns, and I am not diminishing all the other issues that have been raised about elsewhere, have been on those four tragic deaths at Deepcut. I had no knowledge of what he was going to say and that is why I have shared with you something that he has only said today. He did not pre-release the statement to me. What he says is, "However, it may be that fresh lines of inquiry will emerge from an analysis of the material". I do not know what he means by that. I could read it in a number of ways, but if he says he is then looking at other areas because of representations he has taken, whether written or oral, I do not think he could ignore substantial information, but that is a matter for him. He will have to distil all of that and then report. I make this point again: I am not being prescriptive of the man in the definition of the terms of reference because I want that spotlight on that particular period at that particular depot in relation to those four tragic deaths. I think that is an important aspect of this. This will give an impetus to perhaps what we need to do.

  Q1286  Mr Roy: I accept all of the Deepcut analysis that you have commissioned but I would be really disappointed if in a few months' time Nicholas Blake were to say, "Because of the terms of reference I was given I cannot comment", or, "I am not able to ask for any further investigation into Catterick". I know what you are saying and I know it is very important.

  Mr Ingram: Not by me. He will not be restricted by me.

  Q1287  Mr Roy: I know it is very important to the Deepcut families but I know you will agree that it is equally important to the Catterick families and to all these other folk over the last few months and there would be deep anger and disappointment if we thought what is this very good idea, actually, I very much agree with it—I would really hate it if in a few months' time he were to turn up at the very end and say, "Because of the narrowing of the terms of reference that I was given to Deepcut I cannot comment on elsewhere".

  Mr Ingram: Okay. My best guess would be that this will not put it to rest. If I were guessing on this, I do not think he will say, "No action; I have found nothing", but that is a matter for him. Let us just wait and see. As a baseline understanding I think that he will say things because other people have said things. The Surrey Police have said things out of their examination of the knowledge base that they have The ALI, although they are not looking into the past; they are looking into the way in which it is done at present, are making comments about the training establishments across all three Services, remember, and some of the past must impact upon the present and the future. All of that examination is taking place. If Mr Blake says, "I cannot go there because I have not been allowed to do so", that will not be a remit. It is not that he has not been allowed to do so, because he himself has identified fresh lines of inquiry. I do not know what that means but I would not encourage that wider examination personally for the very good reason that with that wider demand of all non-combat deaths I cannot have that quick analysis.

  Q1288  Mr Roy: Okay: you are not encouraging him but you are not debarring him?

  Mr Ingram: I cannot. He is free to do what he thinks is necessary.

  Q1289  Mr Viggers: The families of those who died made their position very clear. They feel that the background and circumstances of the deaths at Deepcut between 1995 and 2002 fully justify the setting up of a public inquiry. What is the government's reason for refusing a public inquiry?

  Mr Ingram: I think I have set them out. We have had—and this is what sometimes is missed by people, and I know the families come at this from a different direction and I am very sensitive to their approach on this—others who have analysed this, who have to be objective (and that is supposedly one of the roles that Ministers can play in this, to seek to be objective), and who say, "What would this mean?", and that is why I have said this would be long-running, probably open-ended. In announcing this inquiry to the House on 30 November, I made it clear that the worry is that what you get are people who then come forward with allegations which become lurid headlines and are then not substantiated. What we do not get are equal headlines saying, "Mr X—a liar". What we get is that out there, and it could well be a lot of substantial material which is saying something was wrong, but also a wide range of allegations which do not add up to anything. The Police have said that in terms of what they have. They have 900 witnesses, 1,500 statements, so they have really examined it, I would say, in quite considerable depth and yet they still say they cannot bottom out this issue. That leads me to the conclusion, what else would a public inquiry alight on? That is part of the objective analysis: time, and would anything new come out of this and the damage which would be done during all of that to our recruiting capability I believe could be quite immense. I then set that against the quality that comes out of those establishments. We could not have the finest Armed Forces in the world if it were not for those training establishments. Anything that damages that is something I have got to protect. If it is legitimate criticism we must address it; we must get to the bottom of it, we must find the truth, and we must bring wrongdoers to justice. All of that work is in place. That is why the Police are conducting an ongoing criminal investigation while we want to get the names of those people so that we can carry out appropriate investigations to see if there is any substance to them at all. We are working against that knowledge and I am not so sure a public inquiry would lead us down a better route. I know I speak from a different point of view, but you have asked the question and I am setting out my rationale on this.

  Q1290  Mr Viggers: The parallel question is that the relatives of those who died at Catterick feel there should be a wider inquiry taking in training establishments other than Deepcut. Can I ask your response on that?

  Mr Ingram: You then enter the all non-combatant deaths area. I know you are being specific on Catterick but then you can say that if there has been a death it could be a suicide or an open verdict; it could be a road traffic accident, and I know that people say that road traffic accidents should be included in this. I keep making this point because there are those who are arguing that this should be as wide-ranging as it possibly can be. We have a duty of care to everyone, as we do, and with any death there has to be an element of suspicion as to why that happened or a failure on the part of the MoD as a prerequisite. That is not the real world. That is not to say that there are no failings within the system; unquestionably there are. If you then go down the road of Catterick you have to include every other establishment and that is why I say let us just use our analytical capability. That is part of what we are all seeking to do. If it is into that wider inquiry demand, then where would it end and what damage would be done in between time because of unsubstantiated allegations, in amongst which may be some grains of real truth that we have to deal with?

  Q1291  Mr Havard: I am trying to unbundle a number of things that often get conflicted together. You have announced an inquiry about four particular incidents and as I understand it the review will look at the circumstances surrounding those, so that is fairly basic as far as these particular things are concerned. One of the elements within that would be to me how the Police themselves conducted the particular inquiries when each incident came along, both the Military Police and the civil Police, and then, for example, the Coroner's Service and a number of other agencies which were related in that process. The same things will be true of all the cases right across the piece. We heard evidence, for example, from people who had relatives at Catterick where the Coroner's process, for example, seemed to be rather sparse in one or two areas. Set aside a public inquiry into outside, but it seems to me that there are a number of government departments and inter-related agencies involved in this, not just the Ministry of Defence, so I am wondering what review there will be. For example, if I were in the Lord Chancellor's Department (God forbid) I would be asking questions about how it is that there is prima facie evidence that the Coroner's Service might need looking at and how, for example, if you were in the Home Office you might say, "What exactly are the relationships between the civil Police and the Ministry of Defence?", and the Ministry of Defence might say, "How are the Ministry of Defence Police investigating this?". All these interface areas I am interested in and I am interested in whether or not there is any governmental review of how these relationships should take place, of government departments examining themselves, not just the Ministry of Defence, so that we end up with some sort of process where a death or a serious incident or whatever has a proper set of methodologies, a proper set of inter-related arrangements that everyone understands the interface for, has concordats to support it, however you want it. I am not going to write it for you, but however you invent it, and within all of that how the families are involved in the process. The other thing that we have seen is how they are not involved by any one, or perhaps partly by some, of the agencies that I have just mentioned. There is a review that you have announced which it seems to me as far as all the cases across the piece are concerned, that is, not necessarily each individual case themselves, is useful. You say it is a huge undertaking, but certainly the processes, the procedural aspects, it would seem to me ought to be looked at in this way as well, not just by your department but by a series of other government departments.

  Chairman: That will take you about 10 years.

  Q1292  Mr Havard: I do not agree.

  Mr Ingram: In terms of the other agencies, I suppose the nub of your question is, are things done perfectly in government?

  Q1293  Mr Havard: No, that is not my question at all. My question is, why is it I do not see—I see the Ministry of Defence doing its best to try and deal with the situation put in front of it, but there are other government departments it seems to me who ought also to be asking themselves questions about how their arrangements are working because these things are not exclusively yours.

  Mr Ingram: It is not my job or responsibility to answer for the inquest system, or indeed for the Police, but the probable interface in this case was the Police. If you read, as I am sure you have, the fifth report of the Surrey Police they do identify their failings. They should have had primacy in the first two deaths and they did not have. They have accepted that. They have an overview examination of the way that they conducted themselves. That was carried out by the Devon and Cornwall Police. I do not know where that will go or what will be said about it because the Surrey Police have already said that was wrong. We have apologised and it should have been done at the time and it was not. In retrospect other Ministers and myself, the Secretary of State, have apologised for the mishandling at that time. We were not on the case at the time; we were not there at the time, but, as we have found out, those were bad anomalies. Surrey Police have also apologised for the way that was done. In terms of the Coroner's inquest, and I have been trying to encourage—there is one inquest still awaited into one of the four deaths. I have been trying to say that that would be helpful because by my definition that is a public forum; it is a public inquiry. It will go into all of these areas. People have the right to legal representation, witnesses can come forward, they can examine all of these issues. That is a matter for the Coroner. Ministers cannot intrude into the judicial process of this country. We cannot direct. We have been criticised for criticising sometimes. We have to be very careful how we approach this. I take the point. If you think there should be a better linkage and that is something you unearth then that may be the conclusion you reach, but we cannot solve that. We may share your concerns but we cannot solve it.

  Q1294  Mr Havard: All I am saying is that there is investigation that is done by the immediate agencies and the one thing in the British justice system, in the Coroner's system, is that that is the inquisitorial bit; that is not the adversarial bit in the rest of the justice system. I quite agree with you but it does seem as though there were deficiencies in individual cases, so there was the opportunity for proper inquiry but proper inquiry prima facie did not seem to be done. That is not totally under your control and I wonder how you are relating to the agencies under whose control it is.

  Mr Ingram: If things have not been done properly people have legal recourse in this country. They can go to judicial review. They are hopefully properly legally advised about their entitlement under the human rights legislation. Some of these cases pre-date that and some of the inquests therefore may be fall outwith the ambit of it, but it is up to the legal profession to find an argument that perhaps can reopen that if there are weaknesses. I think there are well-founded abilities within our structures to take that forward. It may not be to the satisfaction of the aggrieved person because they do not get the conclusion that they want.

  Q1295  Mr Havard: I understand that.

  Mr Ingram: That is always a problem with any judicial process, that it can only deal with the facts in front of it, but I say this: if people are making those criticisms of the judicial process aspect of it—and I am not talking about the Police but in terms of the Coroner's inquest—they may well have legal remedies. It is not for me or for any government department to advise them.

  Q1296  Chairman: It has been arranged, Minister, that we are meeting the MoD Police, the Royal Military Police, the RN Police and the RAF Police, looking at their powers and responsibilities. I would like to clarify: did you say, and if you did not I apologise, that the Royal Military Police would investigate allegations of incidents, not the civilian Police?

  Mr Ingram: Yes, because the threshold—and the two people beside me will correct me if I am wrong here—is that if there is rape and above it falls to the civil Police. If it is below that it falls within the Military Police and therefore goes through that process. Let us remember the Military Police are evaluated by the Home Office. This is not some hick operation. This is a professional policing organisation, with all the strengths and failings of a civilian Police structure but nonetheless it matches up to the high standards that the civilian Police have to meet, but that is where the threshold is.

  Q1297  Chairman: Are you satisfied that they have had sufficient scarring in the light of their investigations earlier to tighten up their procedures so that when they do this kind of civilian investigation they are not going to be the subject of the kind of criticism that they have had over the last few years?

  Mr Ingram: Again, I would slightly hesitate. I do not think it would be appropriate for the Home Secretary or a Home Office Minister to be micromanaging the Police. That is why there is an inspectorate of the constabulary, to set those standards, to keep that scrutiny going, to ensure that things are properly done. It is why they have peer review, why it has happened to the Surrey Police in terms of Devon and Cornwall in terms of that peer review to make sure that they did everything correctly. Similar standards apply to the Military Police. Where there is a reporting mechanism in this, in the same way that it would be inappropriate for Ministers to involve themselves in the judicial processes of a Court Martial, equally they should not be micromanaging the conduct of the Police. If failings are there and they become known then we have to address them, and it may be on resources, it may be on other issues. It may be matters which Ministers then have to take on because they are accountable ultimately for all this.

  Q1298  Chairman: I understand the delicacy, Minister, but you know what I am talking about. We are not inquiring into the events at Deepcut but the Royal Military Police did not come out with spectacular flying colours in those investigations. We are merely seeking your reassurance that the lessons have been identified and the changes have been made so that the likelihood of botched investigations or inappropriate measures taken in investigations are not going to be replicated. I will not carry on further with that but before we give you our report you know exactly what I am talking about, to provide reassurance; otherwise you might be embarrassed.

  Mr Ingram: I make this point, that with regard to the qualities of the Military Police it is not a case of the Minister attesting to this. It is Home Office standards that they have to meet and that is how it is applied.

  Q1299  Chairman: As long as, when you read the documents, Minister, you are perfectly happy that everything is operating satisfactorily.

  Mr Ingram: Obviously, if any investigation or inquiry or examination of any bit of the Armed Forces, including the Military Police, alights on failings and weaknesses, we then have to address them. We have to say, "This has to be fixed". That is then a matter for the appropriate structure within the MoD to make sure that is delivered and we then have to be satisfied. I make this point again: this idea that everything can be perfect in this world—it cannot be. The minute you say something is working correctly, precisely and well, along comes tomorrow when it is not. You then have to learn the lessons and that applies across every aspect of government delivery. We cannot be perfect. No government has ever been able to be so, nor will any in the future. We can only be as good and as determined as we can be to ensure best and high standards.


 
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