Johnny Mercer has been told he could face “potentially serious legal consequences” for refusing to give up names to an independent inquiry investigating alleged murders committed in Afghanistan by special forces.
The Minister for Veterans Affairs was reprimanded by Sir Charles Haddon-Cave, the inquiry chair, as he gave evidence to the probe, which was launched in 2022 to investigate allegations against the British Armed Forces.
Mr Mercer has given evidence to the committee this week, to which he testified that “multiple officers” told him about murder allegations and a subsequent cover-up while serving on the Tory backbenches.
But he refused to disclose the names of said personnel, saying the issue was a matter of his “integrity”.
The refusal earned him a reprisal from Sir Charles, who told him his approach showed a “misguided understanding of the term integrity and an inappropriate sense of loyalty”.
Mr Mercer told the probe: “The one thing you can hold on to is your integrity, and I will be doing that with these individuals.”
He added that the “simple reality” was that he was not prepared to “burn” the anonymous officers, and added that, in his judgement, the panel was “already speaking to people who have far greater knowledge of what was going on”.
Sir Charles said his decision was “disappointing”, “surprising”, and “completely unacceptable” and asked him to “decide which side you are really on”.
Speaking to the minister before he concluded his evidence, he said he had “refused to answer legitimate questions by leading counsel at a public inquiry”.
He added: “I’m bound to say, this is frankly very disappointing and surprising for someone in your position and, I’m bound to say, completely unacceptable.
“It gives rise to potentially serious legal consequences which may need to be put in train.”
If Mr Mercer continues to refuse to provide the names, Sir Charles threatened to use “very significant powers” that could compel him to provide them.
He said that, while he would “prefer not to use” them, he would “if necessary”, adding that his patience “is not inexhaustible” due to the pressures of the public inquiry.
The inquiry is investigating whether murders were committed while special forces soldiers were deployed to Afghanistan between 2010 and 2013 for deliberate detention operations.
Sir Charles has called on Mr Mercer to “reflect” on his decision not to reveal the names of the soldiers before he is next due to give evidence.
