Armed Services: Claims

Earl of Stair Excerpts

Thursday 24th November 2016 Lords Chamber

[Earl of Stair (CB)]

My Lords, I join many other noble Lords in thanking my noble and learned friend Lord Brown of Eaton-under-Heywood for bringing forward this debate on this extremely important subject. I am pleased that the Government appear at least to be starting to acknowledge it as such.

It seems that, starting with the Iraq war, confusion has developed between the international humanitarian laws covering conflict and the European Convention on Human Rights designed to protect the individual. I do not believe that human rights legislation was ever designed to be used in conflict or even outside the normal territory of participating Armed Forces. Yet this has become a precedent and, as we heard, will end up opening many other historic investigations into every operation undertaken by our Armed Forces outside normal territorial boundaries. It is interesting that international humanitarian law is deemed to have adequately protected all in conflict situations to date. However, human rights law has brought a challenge in the form of protection including for suspected enemy forces who may be trying to kill our forces but are deemed to have a greater right to life. We have been well served by international humanitarian law, including the Geneva Conventions, and the Armed Forces Acts in protecting and guiding our Armed Forces in the work they undertake either overseas or when they have had to operate at home—for example, in Northern Ireland.

It is wrong that members of the Armed Forces can be prosecuted long after an event, following an investigation undertaken perhaps using witnesses with ulterior motives. This has now also started, I believe, with some historic cases from Northern Ireland. Like some other Members of this House, I was involved in the Falklands campaign nearly 35 years ago and I know that should someone raise questions with me about actions that were taken at that time, much of the detail has been forgotten and could easily be open to incorrect assumptions.

It is easy to forget from the warmth and comfort of an office that in many incidents involving troops in contact with opposition forces, they often operate under stress and fuelled by adrenaline, and judgments are based on the situation as it appears at the moment and within the guidelines of their training. To follow up at a later time in court cannot allow the full circumstances to be considered and, indeed, could be open to confused assessment if left for a long period of time.

The European Convention on Human Rights has a very important role in the protection of people in the normal course of life. However, I cannot believe that it was ever conceived to be used in a conflict situation, irrespective of whether the conflict is at home or abroad, and certainly not as a means for financial gain, for either legal advisers or victims. Although the Government are correct in applying the derogation to Article 15—taking into account the warnings of my noble and learned friend Lord Hope—prior to the proposed alteration of our status in Europe, the final intention must be for sound legal guidance that supports the actions taken by our Armed Forces when working in conflict situations but, equally, under no circumstances tolerates abuse or misuse.

There are few careers I can think of where as an employee you are expected to place yourself in mortal danger. As such, this needs to be respected and every effort made to support and protect those who are prepared to undertake such jobs, both through support after conflict and by the unrestricted provision of protection either through equipment or by legal cover. The Ministry of Defence must assume ultimate and total responsibility for what is undertaken in the name of the Government by the Armed Forces, and ensure that there is a robust control to ensure that there can be no comeback after the event on those who were implementing the directions they received. This, I am sure, can be achieved by an immediate summary and report and a detailed record of activities that have taken place soon after the event, and perhaps independent monitoring of those being held under detention prior to further investigation or prosecution.

I welcome the Government’s proposals and look forward to the protection that the Armed Forces working on our behalf will gain—and deserve—whether working at home or abroad. I look forward to hearing from the Minister about whether he can give some indication of the timescale and the importance with which the Government intend to treat this matter.