Parliamentary activity

Answering body: Ministry of Defence

The final report of the Al-Sweady Inquiry was published on 17 December 2014. The last members of the Inquiry staff were released in January 2015 and final administrative wind-up procedures completed in March 2015.The chair of the Inquiry, Sir Thayne Forbes, wrote to the then Secretary of State confirming the fulfilment of his terms of reference (a so-called Section 14 letter), on 20 March 2015.

Answering body: Ministry of Defence

The Secretary of State for Defence engaged with Lord Justice Sir Charles Haddon-Cave, the inquiry chair, throughout the process of setting the terms of reference for the Independent Inquiry relating to Afghanistan (IIA).

As part of this process, Sir Charles and the Secretary of State considered comparable inquiries into historical allegations, including the Al-Sweady Inquiry, with regard to the IIA's terms of reference, resourcing requirements and anticipated costs.

Answering body: Ministry of Defence

Following his statement to the House on 17 December 2014 (Official Report, column 1407) on the Al-Sweady Inquiry Report, the Defence Secretary directed that evidence be submitted to the Solicitors Regulation Authority concerning potential breaches of professional standards by Public Interest lawyers and Leigh Day and Co.

Answering body: Attorney General

The Crown Prosecution Service routinely provides the Attorney General with updates on cases and casework issues. In accordance with the practice adopted by previous Law Officers the Attorney General does not usually comment on which individual cases are raised with him.

Answering body: Ministry of Defence

The Solicitors Regulation Authority (SRA) has been conducting a wide-ranging investigation into two firms - Leigh Day & Co, and Public Interest Lawyers - as a result of concerns about their conduct in the Al-Sweady Inquiry and associated litigation. Among other things, it is investigating how these firms obtain instructions from claimants in Iraq - a matter that is directly relevant to the unprecedented number of allegations with which the Iraq Historic Allegations Team is contending.

The Government welcomes the SRA's decision to refer Leigh Day & Co to the Solicitors Disciplinary Tribunal, and awaits its decision with regard to Public Interest Lawyers. We will decide what further action may be appropriate in the light of the results of this process.

Answering body: Ministry of Defence

The British courts would have no jurisdiction over any offences committed by those individuals either in relation to their evidence to the Inquiry or against British troops serving in Iraq. All nine were however committed in 2004 for trial in Iraq. Two were acquitted due to lack of evidence, while those convicted were subsequently pardoned under a general amnesty.

Answering body: Ministry of Defence

The Government is considering all available options

Answering body: Ministry of Justice

Legal aid did not fund the Al-Sweady inquiry itself, nor did it fund the legal representation at the inquiry for the families of the Iraqi civilians who were killed.

However, the inquiry stemmed from six people bringing a civil judicial review claim against the Ministry of Defence. These challenges were funded by legal aid. Payments on account were made which amounted to £188,000.

The Justice Secretary ordered the LAA to conduct a rigorous review into the actions of Public Interest Lawyers in handling of evidence and documents relating to the Al-Sweady Inquiry. Some concerns were referred to the independent Solicitors Regulation Authority and they are now carrying out an investigation into these matters.