Overseas Operations (Service Personnel and Veterans) Bill (Seventh sitting)

Emma Lewell-Buck Excerpts

Committee stage & Committee Debate: 7th sitting: House of Commons
Tuesday 20th October 2020 Public Bill Committees

[Johnny Mercer]

Again, it is not true to say that Major Bob Campbell wants all cases to go to the International Criminal Court; that is simply not true. He tried that to demonstrate a point, but it is not his view that everyone should just go to the ICC.

I saw in the newspapers over the weekend, again, a lot of absolute garbage about this Bill. I have made my position clear from the beginning. I have come in for a lot of criticism from the right hon. Gentleman about not working together on the Bill. I have been very clear that where there are places where we can improve the Bill—within the art of the possible, working within what is factually true—I will do that, but that is yet to happen.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

The Minister states that he wants to improve the Bill and work with others. Why is it, then, that we have yet to see any amendments at all come forward from the Minister to the Bill?

[Johnny Mercer]

That is very simply because there is no way, at the moment, that I have been presented with anything that is legal, within the art of the possible or within the strategic aims of the Bill that would actually improve it. It is as simple as that.

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[Liz Twist (Blaydon) (Lab)]

rose—

[Mrs Lewell-Buck]

rose—

[Johnny Mercer]

That is nonsense. Ours really started in 2009. [Interruption.] We can keep this going all day, Mr Stringer. There is so much fake news coming out, I can just bat it back at every opportunity. We will move on to clause 4 before we get out of hand.

Clause 4 provides the meaning of “relevant previous investigation” and “new” evidence as used in clause 3(2)(b). This is to ensure that when considering the matters to be given particular weight, the prosecutor understands the circumstances in which they must give particular weight to the public interest in a case coming to a timely and final resolution: in other words, finality. Subsection (1) provides the definition for “relevant previous investigation”. A relevant previous investigation is one that was carried out by an investigating authority—that term is defined in clause 7—or is no longer an active investigation. It has ended, and is an investigation at the end of which the individual was not charged. That is all set out in subsection (1)(a) to (c).

Subsection (2) defines “new” evidence as that which has not been taken into account in a relevant previous investigation. This definition is intended to provide for situations such as when new witnesses or new information emerges after an investigation has been completed, and where evidence becomes available that could not have been available at the time of a previous investigation, where subsequent developments in forensic techniques bring to light evidence that is genuinely new.

[Mrs Lewell-Buck]

The Minister is being very generous in giving way. I want to revisit a previous point. He stated that it is not possible to address investigations in the Bill. I am at a loss as to why not. It is in our gift in Committee to change the Bill and improve it. Why won’t he?

[Johnny Mercer]

Of course, anyone can add an amendment to any piece of legislation, but this Bill clearly deals with lawfare and the vexatious claims that came out of Iraq and Afghanistan. We will see more stuff on investigations in the Armed Forces Bill. People can add anything to any legislation. We all know that, but the place for that particular measure is in the Armed Forces Bill, which will be forthcoming next year.