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Number 10 rebukes Ben Wallace for accusing Labour of pursuing 'illegal wars'

Ben Wallace made the comments during a debate on Wednesday in the Commons -  Barcroft Media
Ben Wallace made the comments during a debate on Wednesday in the Commons - Barcroft Media

Number 10 has rebuked Ben Wallace for accusing Labour of pursuing "illegal wars" as they said the Defence Secretary was giving his "personal view".

During the second reading of the Overseas Operations (Service Personnel and Veterans) Bill on Wednesday evening, Mr Wallace told the shadow defence secretary, John Healey, that it was "illegal wars" instigated by Labour that had caused the "mess" faced by British troops.

"Much of the mess we are having to come and clean up today is because of your illegal wars, your events in the past and the way you have run the safety of our forces,” Mr Wallace said.

However Downing Street said on Thursday that the Cabinet minister had expressed a "personal view" when he spoke.

The Prime Minister's official spokesman said: "There have been long-held views on this issue across the political spectrum and the Defence Secretary was giving his own personal view.

"Neither the Government nor the Chilcot inquiry expressed a view on whether or not the UK's participation in the war was legal."

From 2002 Boris Johnson, as well as more than 20 current serving Conservative MPs, voted repeatedly in favour of the Iraq War.

Iraq inquiries
Iraq inquiries

The legislation, which passed its second round by 331 votes to 77, a majority of 254, has been warmly welcomed by Iraq war veterans after thousands of troops remained under investigation many years after the invasion of Iraq in 2003, a military campaign executed under former Labour Prime Minister Tony Blair.

All of those cases, excluding one, have since been dropped due to a lack of evidence while the lawyer, Phil Shiner, who brought the cases was struck off for dishonesty.

Almost 3,500 criminal allegations - including murder and torture - were filed against soldiers serving in Iraq.

Human rights lawyer Phil Shiner who was struck off for dishonesty  - Andrew Fox
Human rights lawyer Phil Shiner who was struck off for dishonesty - Andrew Fox

A Justice source previously told The Telegraph that the Lord Chancellor had given the green light to the Bill because the Government “can't allow another Phil Shiner situation”.

However Mr Healey accused the Defence Secretary of playing “party politics” and said such games “should be beneath the Secretary of State”.

"We on the Labour Benches will work with the Government to get the Bill right," he said.

During the debate Mr Healey also warned that the Bill failed to protect troops from prosecution on historical matters and accused the Government of bringing in a "legal presumption against prosecution for torture, war crimes, for crimes against humanity".

The Government said the proposed legislation will ensure service personnel will be protected from "vexatious claims and endless investigations".

Ministers said it seeks to limit false and historical allegations arising from overseas operations by introducing a statutory presumption against prosecution, making it exceptional for personnel to be prosecuted five years or more after an incident.

The row over the proposed law also caused splits in the Labour Party, with leader Sir Keir Starmer sacking three MPs from frontbench roles after they defied whips' orders to abstain.

Nadia Whittome confirmed she had been stripped of her junior role after voting against the Bill, while Beth Winter and Olivia Blake, who like Ms Whittome were aides to shadow ministers, have also been removed from their positions.