Asked by: Abena Oppong-Asare (Labour - Erith and Thamesmead)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, pursuant to the Answer of 21 October 2022 to Question 61739, what recent estimate he has made of the number of applications that have been (a) received and (b) granted under the scheme allowing former armed forces personnel discharged over sexuality to apply to have service medals restored.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
Since the policy announcement on the restoration of medals in February 2021, the Ministry of Defence has received eight applications for the restoration of medals.
A disregard for any previous conviction is a pre-condition for the restoration of an honour or medal. Of the eight applications, one veteran has obtained a disregard for a previous conviction and has had medals returned.
A number of the other seven applications remain under review in light of the introduction of the Police, Crime, Sentencing and Courts Act 2022 and potential implications for convictions for which disregards are available.
Asked by: Abena Oppong-Asare (Labour - Erith and Thamesmead)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, what assessment his Department has made of the potential effect of the proposed provisions of the Overseas Operations (Service Personnel and Veterans) Bill on the UK’s international reputation for opposing torture.
Answered by Johnny Mercer - Minister of State (Cabinet Office) (Minister for Veterans' Affairs)
The Government unreservedly condemns the use of torture and we remain fully committed to our obligations under international humanitarian and human rights law, including the UN Convention Against Torture.
The Overseas Operations (Service Personnel and Veterans) Bill does nothing to undermine these obligations and does not prevent allegations of wrongdoing more than five years ago - including war crimes and torture - from being investigated and, where appropriate, prosecuted.
A decision on whether to prosecute for such criminal offences will continue to be for the independent prosecutor to make - and the Bill does not change this position.
Asked by: Abena Oppong-Asare (Labour - Erith and Thamesmead)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, what assessment his Department has made of the potential effect on torture victims and their communities of imposing a time limit on claims for actions in respect of personal injuries or death which relate to overseas operations of the armed forces as proposed under the provisions of the Overseas Operations (Service Personnel and Veterans) Bill.
Answered by Johnny Mercer - Minister of State (Cabinet Office) (Minister for Veterans' Affairs)
The Government unreservedly condemns the use of torture and we remain fully committed to our obligations under international humanitarian and human rights law, including the UN Convention Against Torture.
The Overseas Operations (Service Personnel and Veterans) Bill will not deprive victims of torture and ill-treatment of their right to redress in the Civil Courts. They will still be able to bring claims for personal injury or death for up to six years from either the date of the incident, or from the date of knowledge. The six-year time limit is considered to be a reasonable timeframe for claimants to gather the necessary evidence to bring a claim. The Government believes that the prompt determination of civil claims by the courts will benefit both victims and the Ministry of Defence as a defendant in such claims; the later a claim is brought, the more likely it is that witnesses' recollections will fade, making it difficult for the victim to pursue a claim and for the defendant to properly defend the claim.