Overseas Operations (Service Personnel and Veterans) Bill

Ben Wallace Excerpts

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

[The Secretary of State for Defence (Mr Ben Wallace)]

I beg to move, That the Bill be now read the Third time.

First, I acknowledge the hard work that has got us to this point today and the thousands who responded to our public consultation and shaped the measures in the Bill, as well as the legal and legislative experts who have ensured that it provides measured and calibrated protections. I thank Members from all parties who have participated in debating the Bill’s merits, including in Committee. In particular, I thank my hon. Friend the Minister for Defence People and Veterans. His passion and determination to do the right thing by personnel and veterans is genuine and his commitment to his cause is unwavering. Such central determination and duty should be a lesson to us all.

The Bill is more than just a manifesto commitment; it is a necessary and overdue strengthening of the legal framework for dealing with the vexatious claims and repeated investigations that have arisen from recent overseas military operations. There have been many inaccurate and wild accusations about the measures in the Bill. It does not prevent armed forces personnel from being prosecuted for crimes they may have committed. It does not remove prosecutors’ independence or ability to prosecute on the basis of any new or compelling evidence of any crime at any time. It does not undermine the UK’s adherence to the UN convention against torture, its commitment to international law or its willingness to investigate and prosecute any alleged criminal offences. As such, it does not increase the likelihood of International Criminal Court prosecutions.

But do not take my word for it; take the words of the former Attorney General for Northern Ireland, John Larkin QC, probably the lawyer most experienced in dealing with legacy military and security investigations across the United Kingdom, who said in a paper published this September that

“the Bill does not create, or come close to creating, ‘de facto immunity’ for serving or former service personnel in respect of serious crimes.”

However, the Bill does raise the threshold for prosecution, thereby reducing the likelihood of investigations being repeatedly reopened without new and compelling evidence. It does ensure recognition of the unique circumstances of overseas operations, including the constant threat to life and repeated exposure to traumatic events. It does take into consideration the public interest in criminal and civil cases’ being brought to a timely resolution, so that the courts can assess them while memories are fresh and evidence is more readily available. That is entirely in line with the principles of the ECHR. In short, the measures do provide greater protection from the likes of Phil Shiner Solicitors, whose motivations were not justice but money.

It is the right thing to do to defend the men and women who risk their lives to protect us. It is for all these reasons that the House should support the Bill’s Third Reading. But it is just one piece in the jigsaw to fix this issue. Let us not forget that the overwhelming number of these incidents that triggered the pursuit of veterans happened under Labour’s stewardship of defence. They failed to keep training compliance with the ECHR. They failed to equip personnel properly. They failed to reform the service justice system to ensure that they were ECHR-article 2-compliant, including the right hon. Member for North Durham (Mr Jones), who was a Minister in that Ministry at that time, so it is a bit rich—

[Mr Jones]

Will the Minister give way?

[Mr Wallace]

No, I will not. It is a bit rich for them to come here today and condemn the legislation. On the other hand, it is we who have commissioned—

[Mr Jones]

rose—

[Mr Wallace]

The hon. Gentleman has had plenty to say on the Bill; I will not give way. We do not have time to conclude these exchanges. On the other hand—[Interruption.] They can shout me down, but I will just continue to use up Third Reading time, and I will then listen to other speeches. I will not give way; I have made it clear to the hon. Gentleman.

[Mr Jones]

On a point of order, Madam Deputy Speaker. The Minister has now added mind-reading to his many skills. The Minister, who is actually a good friend of mine, has just made an accusation against me and has not given me the right to reply to it. It was his Government, in 2010, who set up IHAT and Northmoor, not the Labour Government.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I do not want the point of order to become a subject of debate, but obviously—[Interruption.] Thank you; I can cope. Obviously, the Secretary of State has referred to the right hon. Gentleman, and he may feel it appropriate to give way.

[Mr Wallace]

It is a shame that the right hon. Gentleman used up more debating time by raising a bogus point of order, but nevertheless, in case Opposition Members think the way to conduct a Third Reading is to shout people down, I will repeat that this legislation is one very important part of the jigsaw. We must not forget, given the point raised by the Opposition about the thoroughness of the investigations, that it was not under their stewardship that the investigative capability of our armed forces was strengthened; it was not under their stewardship that the training for men and women about detention of suspects was improved; it was not under Labour’s stewardship that article 2 compliance was met, often, on some of these investigations that allowed those lawyers to come back and repeat inquests, inquiries and investigations into our veterans.

On the other hand, it is we, a Conservative Government, who have commissioned and started implementing a service justice review programme, who appointed a respected former judge to review and scrutinise the investigative process, and who have brought legislation to actually do something about it.

The Government have listened to many of the contributions throughout the Bill’s progress, but we have been unable to accept the amendments because they would have undermined rather than strengthened the Bill. In the case of the Opposition, they are simply, as it turned out, opposed to its aims, as Momentum has boasted today.

Despite all the warm words and sympathy, the Labour leopard has not changed its spots. In this week of all weeks, with Remembrance Sunday approaching, veterans up and down the country will note Labour’s opposition and recognise what fair-weather friends they are. However, this Government have been determined and resolute in acting to protect our armed forces, and that is why I commend the Bill to the House.