Armed Forces: Serious Crime

Baroness Smith of Basildon Excerpts

Tuesday 5th September 2017 Lords Chamber

[Lord Morris of Aberavon]

To ask Her Majesty’s Government what assessment they have made of the procedures for trying members of the armed forces for serious crimes such as murder; and whether they intend to consult on possible improvements to those procedures.

[Baroness Smith of Basildon (Lab)]

My Lords, with the leave of the House, I beg to ask the Question standing in the name of my noble and learned friend Lord Morris of Aberavon.

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, the procedures for trying service personnel for serious offences under the service justice system are reviewed every five years. In preparation for the Armed Forces Bill in 2020, we will review what the services need from the system of justice and whether the current provisions are the most effective means of delivering that. I do not anticipate any external consultation in delivering this, but the Government will consider any representations made.

[Baroness Smith of Basildon]

My Lords, I am grateful to the noble Earl for that Answer, but can I press him on the point on consultation in my noble and learned friend’s Question? If the Government are to review, they should do so on the best information possible. Those who have been through the system themselves, or other service men and women and their families, will be in a position to assist the Government to ensure that the best possible procedures are in place. Although he said that he will accept and welcome any information, I ask him to undertake a positive review and consultation process, and to invite those people and the wider public to consult on this issue.

[Earl Howe]

My Lords, the Government’s aim is that the service justice system mirrors where possible the provisions of the civilian criminal justice system. Where the maintenance of operational effectiveness across the Armed Forces requires it, there may be differences from that system. Given those principles, we are not so far persuaded that there would be much to gain in conducting a public consultation about a future system, but that does not preclude any interested parties making representations to the Government on these issues as and when they think it appropriate. We would welcome that.