Overseas Operations (Service Personnel And Veterans) Bill

Carla Lockhart Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 23rd September 2020 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

My constituency is home to many veterans. Their service to our nation is valued by me as their MP and by the overwhelming majority of the local community. For their service, we owe them a great debt of gratitude, and central to that gratitude is the full implementation of the military covenant right across the United Kingdom—something on which we in Northern Ireland still have a way to go.

At the core of that covenant—that promise between society and our military family—is the principle of fairness, and I believe that the Bill before us is no different. At the heart of this should be fairness. Is it fair that our military personnel are targeted through vexatious actions that are proven to have no legitimacy when they reach a court but, in the period up to that point, come at a mental and financial cost that is a heavy burden to bear? Likewise, would it be fair for those who have committed wrongdoing to be able to escape justice? Would that be fair on victims? Absolutely not.

I am conscious of the concerns raised both by hon. Members in this House and by constituents that this Bill could exempt soldiers from justice in relation to heinous acts such as torture. No one wants that. At all times, the punishment, whether or not the alleged offence is within a five-year period, must fit the crime. There should be no amnesty for those who abuse the uniform when serving Crown and country.

One area that still remains unresolved by this Bill, despite a promise and platitudes from the Government, is the vexatious prosecution of those who served in Northern Ireland. These veterans must not be left behind.

[Paul Girvan (South Antrim) (DUP)]

There are still many veterans who are awaiting the knock on the door. As has been mentioned, 80-year-old men are receiving a knock on the door. When the Minister is summing up in winding up this debate, will he give assurances on the progress of implementation and forward movement of inclusion within the Northern Ireland Bill?

[Carla Lockhart]

I thank my hon. Friend, and I agree entirely with his sentiments.

On 18 March, in a statement to this House, the Secretary of State for Northern Ireland did give a commitment that there would be equal treatment for Northern Ireland veterans, yet today we have no sign of a Bill that will give that equal treatment to the veterans who served in the streets and laneways of Ulster. Such delays create suspicion, so I urge the Minister to commit that, before this Bill becomes law, veterans in Northern Ireland will have that equal treatment.

[Jim Shannon]

The Minister who will be replying—

--- Later in debate ---

[Jim Shannon]

It is always a learning curve, Mr Deputy Speaker, and I am still learning.

On the issue our veterans in Northern Ireland—I declare an interest as one of those veterans, having served in the Ulster Defence Regiment in Northern Ireland—the Minister gave a commitment previously that, by the end of this year, a Bill would be coming through on Northern Ireland veterans’ issues. Does my hon. Friend, like me, want to see the Minister committing himself at the end of this debate to giving veterans in Northern Ireland the same protection as those here on the mainland?

[Carla Lockhart]

I thank my hon. Friend for his intervention, and I wholeheartedly agree with him. I think the Minister will have got the message loud and clear from the Ulster Benches that we want that clarity today. Those who served in Operation Banner, who stood firm against terrorism and who defeated those terrorists must not be left behind as prey for unscrupulous lawyers, emboldened by smears and innuendo from self-styled rights activists, republican politicians or investigative journalists. To do so would be wrong.

In Northern Ireland, we have the ludicrous scenario where terrorists were freed from prison having served only 18 months for the murder of police officers and soldiers, yet we are here having to debate why we do not pursue elderly men who have served their country by standing against those very terrorists. These same terrorists now want to be paid compensation for the injuries they suffered carrying out their illegal and murderous deeds. I want to put a marker down in relation to this Bill: there can be no consideration and no legal framework to offer a level of equivalence between the perpetrator and the innocent victim.

In conclusion, this is a matter of fairness—fairness to our servicemen and women, fairness to victims and the fair application of the law of this land, but also fairness within the ranks of service personnel. Northern Ireland veterans must be treated fairly, and in that regard this Government must step up and live up to their prior commitment—no more lip service, no more delay.

Overseas Operations (Service Personnel and Veterans) Bill

Carla Lockhart Excerpts

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

[Sarah Owen]

As has been raised many times by Members on both sides of the House, we would like to know exactly how many, yet we are left wanting.

We know that the armed forces risk their lives every day—[Interruption.] The Minister does not want to hear this. I have already had to suggest to him that he should turn off Twitter and listen to the genuine concerns of Members around the House. We know that the armed forces risk their lives every day, and we owe them a huge debt. We also know that they are sometimes faced with difficult decisions, but even in the heat of war, the rule of law still applies. The Government have provided no rationale for why sexual crimes should be excluded from the Bill, but not torture and other war crimes. All is not fair in love and war. Our armed forces are still bound to international humanitarian law, and the Bill risks UK personnel being dragged to the International Criminal Court, which is why I urge Members to support the amendments tabled by my hon. Friend the Member for Barnsley Central (Dan Jarvis) and the right hon. Member for Haltemprice and Howden (Mr Davis).

The exclusion of sexual crimes but not torture is important. Under international law, torture is clearly defined as intentional infliction of very serious or cruel suffering, yet the Minister said in Committee that

“we expect our service personnel to undertake activities that are intrinsically violent in nature. These activities can expose service personnel to the possibility that their actions may result in allegations of torture”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 14 October 2020; c. 206.]

The definition of torture in international law is clear, yet the Minister seemed to deliberately muddle the violent nature of the work of the armed forces with legitimising torture. Given the world that we live in at the moment, that is a very dangerous path to go down. We are rightly condemning the horrendous abuses by the Chinese state in Xinjiang, the violations of human rights in Kashmir and the plight of the Rohingya people, but how can this Government call out other states for their use of torture and human rights abuses when they seek to pass legislation that legitimises the very same? Some Members on the Government Benches have loudly, and in some cases rather surprisingly, become self-appointed champions of protecting human rights overseas, yet we will see them again walk through the Lobby to vote for a Bill that erodes the international human rights laws that we should all uphold. Our armed forces can and should be held to the same high standards, being protected by, and adhering to, the same international law that we expect of others.

[Carla Lockhart (Upper Bann) (DUP)]

It is a privilege to follow the hon. Member for Luton North (Sarah Owen) in this debate.

My colleagues and I support the good intention of this Bill. It is the right thing to do to protect those who have protected us and this nation, and indeed many other innocents, in the face of the threat to life and the oppression of fundamental rights.

The Bill is not drafted perfectly, but tonight we have an opportunity to address and debate its deficiencies. One area of significant concern is torture. Amendments 1 to 10 seek to address that deficiency and, indeed, go a long way towards addressing this matter of grave public concern. That is the right thing to do. Like sexual offences, torture must fall outside the provisions of this Bill. Let us do nothing to undermine the values we hold dear as a nation. Where no investigation has taken place, it is absolutely right that the provisions of this Bill do not apply.

Cognisant of the purposes of today’s proceedings, I still wish to raise once again the plight of veterans of Operation Banner. I represent many such veterans who live in my constituency, and indeed hon. Members right across this House do so as well. While the operation was in Northern Ireland, those who served came from right across our United Kingdom and beyond. In the previous debate on this Bill, my hon. Friend the Member for Belfast East (Gavin Robinson) and I asked the Minister to state that the provisions of this Bill will not become law until the assurances made in the House on 18 March regarding Northern Ireland are fulfilled. The Minister said in response:

“We are clear that we will deliver our commitments to Northern Ireland. In a written ministerial statement on 18 March, we committed to equal treatment for those who served on Op Banner. We will not resile from that position.”—[Official Report, 23 September 2020; Vol. 680, c. 1049.]

That is a good intention—it is the right intention—but there is no guarantee. I know from our conversations with veterans that the longer this delay continues the more suspicious they get. This is wrong, and I need to know that the Minister believes it is wrong as well, so what is the cause of the delay? Those who await the knock at the door for standing up to terrorism deserve answers, and I urge the Minister to give those answers today.

The Bill is welcome and delivers on promises made by the Government, but we must no longer leave some veterans behind as prey to vexatious prosecutions. That is wrong, especially if, as suspected, it is for no other reason than to give a sop to the political front of the very people who killed and maimed many of those they served beside.

[James Sunderland (Bracknell) (Con)]

Having been spared the commitment of serving on the Bill Committee, I am fortunate also to have been spared some of the polarisation that has affected this Bill, so I talk today from a position of complete objectivity. Having also tracked this important journey very carefully for many years, both professionally and personally, I believe this is an essentially good piece of work that deserves a fair passage through Parliament.

As I stated on Second Reading, any new legislation needs to be set in the context of the prevailing macro-conditions and previous legislation. This Bill fills a void where little has previously existed, so I commend the Minister for his vision, resilience and fortitude to date.

The bottom line is that this Bill delivers on the Conservative manifesto commitment to address the issue of vexatious claims and makes the first substantial amendments of their kind to the Human Rights Act by limiting the time during which claims can be brought. I can say from experience that this is what our armed forces want. They aspire to better protected in law. They want to know that the country values their service. They need to know that they will be supported if they pull the trigger lawfully and, after the misery of the ambulance-chasing years, they want the threshold for prosecution to be raised so that the endless knocks at the door finally stop. This is a no-brainer.