Overseas Operations (Service Personnel and Veterans) Bill

Debate between Lord Berkeley of Knighton and Baroness Chakrabarti

Committee stage & Lords Hansard
Tuesday 9th March 2021 Lords Chamber

[Lord Berkeley of Knighton (CB) [V]]

My Lords, the Minister, who has dealt with our concerns so graciously all afternoon, will probably realise that we now come to the winter of our discontent. It is here that I hope—if I may say so, with great respect—that she will consider even more carefully what is being said.

I support Amendments 14 and 36 in the name of my noble and learned friend Lord Hope of Craighead. He made the point—we hear it quite often in your Lordships’ House—that an undertaking from the Government to take seriously—to say that it is the intention of the Government—is not in itself a sufficient replacement for statute where something as vitally important as this is concerned.

Torture does not work—you hear what you want to hear—but it is also abhorrent, and, as the right reverend Prelate just said, it is immoral and uncivilised. We need for that reason to set an example which will protect our service men and women from possible torture if captured. I hope the noble Lord, Lord West, will forgive me if I quote a little further from what he has written:

“What is quite clear, and it was inculcated in us from day one of warfare training, is that ‘there are no circumstances in which torture, cruel, inhuman or degrading treatment can ever be justified’; it’s a principle that all members of our military must, and do, abide. We must be wary of creating a perception and certainly not a reality that this is not the case.”

[Baroness Chakrabarti (Lab) [V]]

My Lords, I do not know whether I am proud to speak in support of my noble friend Lord Robertson of Port Ellen and all the other moving speeches that I have heard or devastated that I feel that I need to. The arguments are clear and compelling and have been made from across your Lordships’ House. I need not repeat them save to remind the Minister that the warning from the chief ICC prosecutor is a very serious matter indeed and not something that any of us can be proud of. I therefore note in particular the speeches of my noble friends Lord Robertson and Lord Browne of Ladyton, former Defence Secretaries and one is a former Secretary-General of NATO. I have not always agreed with them on every matter of human rights disputes but the Minister and all your Lordships will know that their comments would not have been made lightly.

It was also important that the noble and learned Lord, Lord Hope of Craighead, reminded us of the universal jurisdiction over torture. I must therefore support not just Amendment 14 from my noble friend Lord Robertson but all noble Lords who are attempting to limit the reach of the Bill and prevent the presumption applying to war crimes, genocide, torture and crimes against humanity.

I say without hesitation to noble Lords who are not speaking in this group and who perhaps spoke in the past about what members of our Armed Forces would expect and whether we should feel comfortable looking them in the eye, that I have never met a member of Her Majesty’s Armed Forces who has attempted to justify any of those grave offences—quite the opposite. So much of their honour and their vocation is about believing in the rule of law and human rights internationally and putting their lives on the line so that grave offences of that kind are defeated elsewhere in the world and ruled out.

I return to the point made by the right reverend Prelate the Bishop of Leeds about sexual abuse. The Minister said very clearly on an earlier group that sexual offences had been singled out in the Bill because, in her words, the Government wanted to be clear that that kind of behaviour is never acceptable. Clearly, as a matter of domestic and international law, the offences touched on in this group—war crimes, genocide, torture and crimes against humanity—are never acceptable either. So there is a complete illogic about including sexual offences but not these other very grave matters.

The Minister will say that this is not a statute of limitation, it is just presumptive. I am afraid that that will not wash with large numbers of the public nor, crucially, elsewhere in the world, including, it would seem, with the chief prosecutor of the ICC. Furthermore, even if it were impossible for these offences ever to be perpetrated by Her Majesty’s forces in future, we have been told repeatedly that this is as much about reassurance and the signals that we send as it is about the letter of the law. Well, reassurance is a two-way street. It is of course about protection for our Armed Forces, but it is also about sending signals, not just to our Armed Forces but to our allies and friends—and to our enemies, including enemies who, I am sorry to say, might at some point in future have members of Her Majesty’s forces in their custody. That is perhaps the moment when these grave crimes become a matter of even closer concern than they are the rest of the time.

I say to the Minister, for whom I have a great deal of respect—I think she is a very gifted advocate but also a reasonable person, and one of the most decent members of the Government—and to the noble and learned Lord, Lord Stewart of Dirleton, as a law officer, who I think may be in his place, that this group of amendments, perhaps more than any other, should be responded to at the close of this evening’s debate with at least an offer to consider them. It would be unconscionable for something like this group not to be reflected in the legislation when it passes. And the legislation will pass, because of the Government’s mandate and majority. The Minister will remind us at various stages that the Bill was a manifesto commitment, but it was not ever a manifesto commitment to open the door, send a signal or give reassurance in relation to war crimes, genocide, torture and crimes against humanity.

People deserve advocates—even alleged wrongdoings deserve the most gifted and fearless advocates, and everyone should be so lucky as to have such a gifted advocate as the Minister—but we do not deserve the rotten law that is about to be made, exposing our Armed Forces, and humans all over the world, to lines that should never be crossed.