British Overseas Troops: Civil Liability Claims
Debate between Alistair Carmichael and Johnny Mercer(3 years, 9 months ago)
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Johnny Mercer
That is a really good question, and I thank my hon. Friend for it. The way that this is going to change lives is by ending the uncertainty. If you have served on operations and you have not committed an offence, you will not be endlessly hounded by those who seek to bring spurious human rights claims. Let us remember how the IHAT process started. We had Public Interest Lawyers driving around Iraq, essentially acting as legal team for the Mahdi army—it was absolutely bizarre. This will change the experience for service personnel, veterans and their families and provide certainty for them and for victims, to clear this mess up and restore fairness to the process.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
It should be possible to build an easy consensus in the House on protection for those who have given service in the past, but the Bill that the Minister claims to have drafted himself does a lot more than that. A prescription and limitation on actions brought in respect of torture, crimes against humanity and war crimes is a significant departure on which he will not build a consensus and for which those who give service in our armed forces would not want people to be protected. Will he look again at that provision?
Johnny Mercer
I am happy to look at any aspect of the Bill, but let me be clear: the retrospective application of the Human Rights Act to the battlefield is inappropriate and has caused a lot of the problems that we have had. We want to restore the supremacy of the law of armed conflict in the Geneva conventions. We do a good job of holding our people to account. We are not going to allow the legislation that the right hon. Gentleman mentions to be abused and used in a way that it was never designed to be used in order to bring claims against our service personnel and make their lives a misery.