Overseas Operations (Service Personnel and Veterans) Bill

Debate between Lord Beamish and Ian Paisley

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 3rd November 2020 Commons Chamber

[Mr Jones]

Indeed. Time and again, supposed Government witnesses went against the Government. My hon. Friend raises a good point with the example that he has just provided.

The other thing that came out, which relates to my new clause, was about investigations. Investigations, or the problems that lead to these issues around investigations, were the thread that ran throughout the evidence. In spite of that, what we had at the weekend—this was a really dangerous move on the part of the Ministry of Defence—was tweets promoting this Bill from the MOD and saying that it would stop investigations. It will do nothing of the sort. As a former Defence Minister myself, using the MOD’s website and tweets to politicise things would not have been allowed in my day. What was put out is just not going to happen. Let us look at the evidence that we heard in Committee from a number of witnesses. The first one I will mention, again a Government witness, is Hilary Meredith, solicitor. She was very good and concentrated on the issue around investigations. She said:

“It is the procedure and investigation in the UK that need to be reviewed and overhauled, and not necessarily a time limit placed on…prosecutions.”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 6 October 2020; c. 16, Q24.]

[Ian Paisley (North Antrim) (DUP)]

The right hon. Gentleman has a long track record of supporting the armed services here. Is he concerned by the expression of doubt that has been put by members of the Royal British Legion? They have put in writing to all Members of Parliament the fact that they believe that part 2 of this Bill should be improved and that the time limit really gravely concerns them.

[Mr Jones]

I am, and I will come onto part 2 in a minute. The hon. Gentleman has hit on an issue relating to the Government’s approach to this Bill. The Minister is saying that it is standing up for members of the armed forces. It is doing nothing of the sort. In part 2, it is actually taking away rights.

--- Later in debate ---

[Mr Jones]

It would. That and judicial oversight would improve the Bill tremendously. It would then actually do what it is supposed to do, which is stop reinvestigation and stop the worry that these individuals have, but it does not do that; that is the big hole in the Bill.

It is not as though the Minister has not had a chance to look at this. I have raised it with him—I tabled amendments in Committee, which he pushed aside, and we are going to go ahead with what we have now, which will be a flawed Bill. Once it has passed, it will lead to a situation whereby a lot of people think that as a result they have protections when, frankly, it will do nothing of the sort, because it will not stop investigations and reinvestigations. One of the worst things we can do in politics is promise people things and give them the impression that we have done something when actually we have not, because once the penny drops and they see it is not actually the case, they rightly feel very bitter.

As the right hon. Member for Haltemprice and Howden (Mr Davis) has just said, there is time to put this in the Bill. If Ministers are not going to do it in this place, they should do it in the other place, because it will improve the situation.

There is another dishonesty with this process. From, again, using the MOD website, which I do not think is appropriate for political reasons, we see there is a promise about Northern Ireland. The Minister is on record as saying that similar legislation will be brought in to cover historical cases in Northern Ireland. Well, I am sorry, but it will not do so if it is like this Bill; if it is like this Bill then, frankly, it will do nothing at all on investigations. If it is a mirror image of this Bill, all those people who think that somehow they are going to get protection will find that they do not, and that is just not fair.

[Ian Paisley]

I am sure the right hon. Gentleman will agree that the officers who served under Operation Banner have been completely jettisoned and abandoned. That is the bottom line, and that is the crying shame of this—and I do not trust anyone in the Northern Ireland Office to bring forward a Bill that will help those ex-servicemen in the years to come.

[Mr Jones]

The hon. Gentleman makes a clear point: do I feel it right that, frankly, people in their 70s or 80s and even younger are worried about this happening? No, I think that is appalling, frankly, because there is an evidence test: is it in the public interest for those individuals to be now dragged before the courts? No, it is not. Here we have another promise that will not be delivered. I must say he is right in terms of the Northern Ireland Office. I have looked at the matter in detail—I have met all parties in Northern Ireland, including Sinn Féin, along with the right hon. Member for New Forest East (Dr Lewis)—and I think that finding a mechanism is going to be virtually impossible.

[Ian Paisley]

I thank the right hon. Gentleman for his comments. The fact is this will end up in Northern Ireland Operation Banner officers being a trade-off between what the NIO finds politically helpful to buy off bartering with the Provisional IRA and Sinn Féin.

[Mr Jones]

I defer to the hon. Gentleman’s knowledge of Northern Ireland politics, but I will say that this will not be solved by the promise that has been made. That again is not the issue.

I turn to new clause 3. It relates to the point that was raised on part 2 and is covered by an amendment tabled by Members on the Labour Front Bench. The issue is the stripping away of rights from veterans. I find it absolutely astonishing that, in this week of remembrance, we have a Government who have introduced a Bill that will actually take rights away from veterans. The longstop of six years will mean that veterans—and families—will not have access to section 33 of the Limitation Act, which allows people to bring cases out of time.

In Committee there was a lot of discussion about how many people would be affected. The Royal British Legion was very clear in its opposition to part 2 because, as Charles Byrne said in response to the Minister:

“I think it is protecting the MOD, rather than the service personnel”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 8 October 2020; c. 86, Q163.]

He said that the Royal British Legion thought it did breach the armed forces covenant. I agree, because the covenant states:

“Those who serve in the Armed Forces, whether Regular or Reserve, those who have served in the past, and their families, should face no disadvantage compared to other citizens in the provision of public…services”

and so on. I agree with that, but this strips away their rights under section 33, which means that if somebody brings forward a case after the six-year longstop, they cannot have recourse to section 33 of the Limitation Act, because the Bill will take those rights away. Those rights are open to every single Member in the House today, and to prisoners and asylum seekers—anybody who wants to bring a case.

The Minister said that 94% of cases were brought within the time limits anyway. That is irrelevant to me, because 6% clearly are not, and it is those 6% that will then possibly use the Limitation Act.

May I put this on record, as I did in Committee? Bringing forward a section 33 case is by no means easy. It pertains to a very small number of individuals who could not bring their case within the time limit because their circumstances were unique; and they have to go before a court and argue out the reasons. I have done it myself when I worked for a trade union on injury or disease cases that were out of time—although you would not take on such a case in the first instance if you thought you would not get anywhere. However, there are those important cases that you can take, and which do make a difference.

The case that was mentioned time and again in Committee was the Snatch Land Rover decision in 2016. The families took forward the case under the Human Rights Act, which I will come on to in a minute, on the basis that their loved ones had been killed and injured in Iraq because of negligence on behalf of the MOD.