Overseas Operations (Service Personnel and Veterans) Bill
Debate between Lord Craig of Radley and Lord Russell of LiverpoolThursday 11th March 2021
(3 years, 1 month ago)
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The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
I have received two requests to speak after the Minister, one from the noble and gallant Lord, Lord Craig of Radley, and the other from the noble Baroness, Lady Chakrabarti. I will call them in that order.
Lord Craig of Radley (CB) [V]
My Lords, the Minister has reminded us that, when Defence Secretary, Michael Fallon said:
“before embarking on significant future military operations, this government intends derogating from the European Convention on Human Rights, where this is appropriate in the precise circumstances of the operation in question.”
In her letter of 26 February, the Minister indicated that Clause 12 was included to reflect this undertaking. Significantly, Clause 12 does not give the same weight to a decision to derogate as was indicated by Mr Fallon. If that is what is intended, should it not say so in words that reflect the commitment explained by Mr Fallon? What is the Government’s intention? Is it to seek to have in place an effective form of combat immunity for active operations overseas? That would be welcome but, at present, as many noble Lords have said, Clause 12 seems worthless and should not form part of the Bill.