Veterans and Soldiers: Statute of Limitations

Debate between Lord Soames of Fletching and Leo Docherty

Monday 25th June 2018 Commons Chamber

[Leo Docherty]

Absolutely. This is not a matter of history: it is a matter of the here and now and of future deployments.

I have two simple proposals. The first is that the Ministry of Defence legislate for a statute of limitations, perhaps for 10 years, meaning that after 10 years, unless there is significant new evidence, no case can be brought against a veteran or soldier. Soldiers and veterans do not wish or seek to be above the law—they just seek natural justice. We must allow veterans to get on with their lives without the constant fear of that knock on the door and legal pursuit.

My second proposal is that we return our armed forces to the legal jurisdiction of the law of armed conflict and the Geneva convention. The intrusion of the European convention on human rights, which was taken into British domestic law in the form of the Human Rights Act 1998, set the scene for the legal scandal that was IHAT in the case of Iraq, and Op Northmoor in the case of Afghanistan. Although the Government should be commended for the way that they closed IHAT, hundreds of cases of a similar nature remain outstanding, with private law firms, that may be brought in the near future. IHAT will happen again unless we in this place change the legal jurisdiction of our armed forces.

[Sir Nicholas Soames (Mid Sussex) (Con)]

I congratulate my hon. Friend on this very important Adjournment debate. Does he agree that both the Vienna convention and the Geneva convention need the closest study and early reform because they are no longer up to date?

[Leo Docherty]

I do agree and I am very grateful for that intervention.