Ex-minister Johnny Mercer will not face jail despite refusing to hand over whistleblower names to Afghan inquiry

25 July 2024, 16:40 | Updated: 25 July 2024, 17:32

Then-veterans' minister Johnny Mercer arrives at Downing Street for a Cabinet meeting
Then-veterans' minister Johnny Mercer arrives at Downing Street for a Cabinet meeting. Picture: Alamy

By Christian Oliver

Former veterans' minister Johnny Mercer will not face jail despite refusing to handover names of whistleblowers who informed him of special forces murder allegations to the Afghanistan Inquiry.

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A probe spokeswoman said the ex-Conservative MP, who lost his seat at the general election, had "provided further information" but Mr Mercer protested that "it remains entirely inappropriate to name those who confided in me without their consent, and I will not".

The inquiry's chairman, Sir Charles Haddon-Cave, previously told Mr Mercer he potentially faced a prison sentence if he did not comply with an order compelling him to hand the names over.

The order was implemented after Mr Mercer repeatedly refused to hand over names of "multiple officers" who told him about allegations of murder and a cover-up during his time as a backbench MP while giving evidence to the probe in February.

He had until 4pm on Thursday to provide the names to the probe, but he said in a short statement on X, formerly Twitter, that his "position remains unchanged".

Johnny Mercer, then-veterans minister, arrives at a cabinet meeting at 10 Downing Street
Johnny Mercer, then-veterans minister, arrives at a cabinet meeting at 10 Downing Street. Picture: Alamy

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Announcing there would be no further action against Mr Mercer, an inquiry spokeswoman said: "Mr Mercer has provided further information in response to the Section 21 notice and agreed to assist the inquiry further.

"The inquiry team will be taking this forward.

"For the time being, the chair will not be taking further action in relation to the Section 21 notice or making further comment."

Sir Charles initially rejected Mr Mercer's application to withhold the names, saying: "Integrity requires moral courage to do what is right, even when it may not be popular."

It is unclear what further information has been provided by the ex-Tory MP which has led to no further action being taken. In his statement on X, Mr Mercer said he "will not betray those I served with".

He said: "I note the judge's comments. My position remains unchanged from the beginning of the year.

"I will always do all I can to assist this important inquiry.

"I will not betray those I served with who have confided in me, whatever the cost.

"As I have repeatedly stated, it remains entirely inappropriate to name those who confided in me without their consent, and I will not.

"This process has placed an unacceptable strain on me and my family; I am no longer a public figure and will not be commenting any further."

Giving his reason for not disclosing the names during his evidence in February, Mr Mercer told counsel to the inquiry Oliver Glasgow KC: "The one thing you can hold on to is your integrity and I will be doing that with these individuals."

In a previous order compelling the ex-Conservative MP for Plymouth to hand over the names, the inquiry chairman said the consequences of failing to comply without reasonable excuse would be "a criminal offence punishable with imprisonment and/or a fine".

Chair of the Afghanistan Inquiry Sir Charles Haddon-Cave (right), arrives at the Royal Courts of Justice in London
Chair of the Afghanistan Inquiry Sir Charles Haddon-Cave (right), arrives at the Royal Courts of Justice in London. Picture: Alamy