British Servicemen: Vexatious Law Suits

Debate between Earl Howe and Lord Faulks

Wednesday 19th October 2016 Lords Chamber

[Earl Howe]

As the noble Lord is aware, the Iraq Historic Allegations Team looks into these allegations, which have totalled more than 3,300 to date. The current case load is around 1,600 and it expects to reduce that number to 250 by next January. We cannot simply close it down, because that would mean leaving these allegations open to referral to the International Criminal Court in The Hague, with the possibility of trials there. We must therefore investigate properly in this country.

[Lord Faulks (Con)]

My Lords, of course it is absolutely right that all our troops should be subject to international humanitarian law. My noble friend has described the first step the Government have taken. I suggest two further steps: putting combat immunity on a firm statutory basis, as the noble and gallant Lord suggested—there is far too ambiguity about its scope—and considering restricting the territorial scope of the Human Rights Act, which it was once thought clearly applied only within the United Kingdom.

[Earl Howe]

I am grateful to my noble friend. The proposal he makes is being looked at. We have no current plan to amend the Human Rights Act. As and when a British Bill of Rights is presented to Parliament, this is no doubt a matter that can be debated in that context.