Overseas Operations (Service Personnel and Veterans) Bill

Apsana Begum Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 3rd November 2020 Commons Chamber

It is a fact that the MOD benefits most, and this Bill will make it harder for anyone, civilian or soldier, to hold the Ministry of Defence to account for unlawful actions and human rights abuses. Why does the Minister continue to ignore the impartial advice of the British Legion that the Bill risks breaching the armed forces covenant, and will he not take another look at the amendments that will prevent that from happening? Unamended, this Bill benefits only the Government and offers no support to our armed forces, and I cannot support it.

[Apsana Begum (Poplar and Limehouse) (Lab)]

I am grateful to be called in this important debate.

I believe that this House should promote internationalism that is anti-imperialist and peace seeking, yet as I have raised before in this House and as has been noted by many, the Bill before us could result in torture and other serious crimes being protected from prosecution five years after being committed. That is so clearly in breach of the human rights of those affected by conflicts involving UK armed forces. Due to the amount of time that trials relating to services personnel often take, the five-year period proposed in the Bill is likely to mean that many prosecutions would not be made. Indeed, the whole tenor of this Bill is to deter cases being brought regardless of their merit. I echo Grey Collier, advocacy director at Liberty, when I say that a war crime does not stop being a war crime after five years. This Bill also offers no protection to armed forces personnel; neither does it offer them access to justice.

[Bob Stewart]

I thank my good friend the Deputy Speaker and the hon. Lady for allowing me to intervene. I do not understand why she thinks a war crime will not be a war crime after five years. A war crime is a war crime forever, and if the Attorney General considers it to be a war crime, it will be brought to a court. I do not think this Bill stops a war crime being prosecuted if a British soldier, sailor or airman carries one out.

[Apsana Begum]

I thank the hon. Gentleman for making his point, but I disagree with him. The point I am making is about prosecution and allowing for that war crime to be considered by the courts.

If I can continue, I believe in a fair justice system for all. Such a system would have built into it access for justice for armed forces personnel and those bringing cases against them. Most fundamentally, in order to pay tribute and show respect to those who have lost their lives in foreign conflicts—both from the UK and abroad—we must set in place a system of transparency and political accountability. We must face head-on the lasting effects that wars in, for example, Iraq and Afghanistan and sectarian conflicts have had on the lives of many in the UK and around the world. It is only with proper accountability and transparency that we can ensure that such mistakes and injustices are a thing of the past.

Hiding from accountability does not do anyone favours. Rather, it feeds mistrust, because for most people it is only those who have something to hide who fear scrutiny. Going to war and other activity by the armed forces involve decisions about some of the most fundamental values, and people have the right to know what is being done in the name of our country.

I conclude by saying that this Bill will act only to entrench a culture of fear and mistrust, increase the risk of crimes being committed overseas and instigate an opaque justice system, benefiting neither armed forces personnel nor the victims of war.