Overseas Operations (Service Personnel and Veterans) Bill

Emma Lewell-Buck Excerpts

Consideration of Lords message
Tuesday 27th April 2021 Commons Chamber

[Bob Stewart (Beckenham) (Con)]

The distinct purpose of the Bill is to provide legal protection to military personnel serving overseas on operations—that is what it is about. It is all about stopping vexatious prosecutions, often generated, for large sums, by unscrupulous lawyers. In short, lawfare, such as we saw a few years ago, should be a thing of the past, but is it totally gone? I wish to explain a little of the worries I have.

I am pleased that the Government have now decided to include war crimes alongside torture, crimes against humanity, genocide and sexual crimes, such as a rape, as being not subject to a statutory presumption against prosecution. That is good news, because, as others have said, it might stop our service personnel being dragged before the ICC in the future. So we must now prosecute war crimes like any other crime, but might I suggest a slight spanner in the works here?

I have seen such crimes in my time in Bosnia, in 1992-93—obviously, I should emphasise, they were not carried out by British soldiers. I have also given evidence in the International Criminal Tribunal for the former Yugoslavia, where such crimes were tried—this is now done by the ICC. I gave evidence in trials where the guilty were sent to prison for between 15 and 45 years. I wonder exactly what crimes are not subject to a statute of limitation. What crimes creep through? As far as I can see, most of the definitions allow us to decide exactly what happens. I am quite worried that the Minister might not be able to identify a crime carried out that we could prosecute without a statute of limitation.

Sexual crimes can be prosecuted anyway under Navy, Army and Air Force Acts. Service personnel can never be ordered to carry out such acts by superior officers. Effectively, the Bill accepts and confirms crimes under the Sexual Offences Acts 1956 and 2003. The Bill states that unless there is compelling evidence, service personnel cannot be charged with crimes committed more than five years ago, unless of course they have taken part in war crimes, torture, crimes against humanity or genocide, which are offences without a time limit. As I mentioned earlier, I am slightly worried about what is left. Of course I go along with what we have done, but I am slightly worried that many crimes can evade the provisions and that people could be done on these classifications.

On service personnel who have suffered some form of physical or mental injury, the limit is broadly six years after the event. In short, they must have started proceedings against, say, the Ministry of Defence within that period. However, the Bill allows for the possibility of someone bringing forward proceedings where, for example, they have PTSD but had not discovered it, even if they are affected 20 years later. In such as case, they will have six years from the point when they discover they are affected or when they are diagnosed to bring a claim against the MOD. I reckon that is fair enough. The MOD is certainly not trying to disadvantage its own.

I end by reminding everyone of a point the Minister made. The Government are still committed to bringing forward a Bill to protect veterans in Northern Ireland in the same way as those who have served overseas. If they do not, our servicemen and servicewomen will have two levels of protection: those like me who served in Northern Ireland will have a lesser degree of protection than those who have served overseas. To that end, I have always believed and supported the suggestion by the Defence Committee, on which I served several years ago, that the way forward in Northern Ireland is for there to be a qualified statute of limitations unless compelling new evidence has been produced. I therefore hope that very soon the Government will bring forward legislation to stop possible unequal treatment of our service personnel.

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

It is a pleasure to follow the right hon. and respected Member for Beckenham (Bob Stewart).

It is welcome that the Government have eventually accepted that war crimes should be excluded from the Bill. However, that it took this long for them to understand the grave implications of their proposals remains very worrying. What remains of concern is the stubborn refusal to introduce a duty of care to our service personnel. I am still at a total loss as to why the Government would reject and oppose care standards for service personnel and veterans involved in investigations or litigations arising from overseas operations.

I was not comforted by the Minister’s words last week—neither, indeed, was I just now—when he assured us that,

“The Ministry of Defence takes very seriously its duty of care for service personnel and veterans, for whom there already exists a comprehensive range of legal, pastoral, welfare and mental health support”,

bearing in mind the testimonies from those in my own constituency and those who gave evidence to the Bill Committee of how inaccessible and ineffective that support can be. I was even less assured after reading the media comments made by the hon. Member for Plymouth, Moor View (Johnny Mercer), who said that help is available, yet it is hard to understand it and

“hard to understand where it is”,

and that promoting where it is and how to get to it was simply not part of this Government’s agenda.

The Minister also claimed that the Lords amendment carries a risk of

“unintended consequences, including a possible increase in litigation, which would be contrary to the Bill’s objectives.”

As the noble Lord Dannatt said in the other place, that is simply an empty argument because, under the amendment, the Ministry of Defence has the opportunity to draw up its own statement of a duty of care standard and act within that. I reiterate my comments from last week—that to claim that the duty of care proposals would be better placed in the Armed Forces Bill is not acceptable. We are debating and voting today on this Bill; it is not right for MPs to accept gaps in legislation on the promise that it may or may not be rectified in future legislation.

The Bill’s objective is to offer more protection and support to service personnel and veterans, so how can an amendment that offers just that protection and support be, as the Minister said last week,

“contrary to the Bill’s objectives”?—[Official Report, 21 April 2021; Vol. 692, c. 1058.]

I would really appreciate it if, in summing up, the Minister could expand on and clarify why the Government’s stubborn objection to this duty of care has remained. There still remains nothing in the Bill that will solve the problem of repeated investigations. Without Lords amendment 5B, there is nothing in the Bill that will afford our forces personnel and veterans a duty of care when they are undergoing such awful investigations.

I remain of the view that this Bill is a hurried and inadequate piece of legislation that has never matched up to the rhetoric surrounding it. No one is in disagreement that greater legal protections for armed forces personnel and veterans serving overseas were needed, but the Government have drafted legislation that makes the problem worse, leaves our service personnel and veterans at a disadvantage and without crucial support, and fails on its promise to those who served in Northern Ireland.

Our service personnel and veterans deserve the very best for risking their all for us; I echo the pleas made by my right hon. Friend the Member for Wentworth and Dearne (John Healey) that, in today’s vote, Government Members show that they believe this too by joining us in the Lobby.

[James Sunderland (Bracknell) (Con)]

I stated on Second Reading that this is a good Bill and my view remains exactly the same. As we know, the other place wanted torture, genocide, war crimes and crimes against humanity excluded from relevant offences. We disagreed initially, but amendments 1A to 1Q from the MOD, whereby breaches of the Geneva convention and genocide are excluded from the offences, are very welcome. This Government have sent the clear message that they stand against all breaches of human rights in conflict.

My stance throughout this whole process has been very clear. The supposition from some quarters that British troops are somehow predisposed to committing war crimes wantonly and that the UK has somehow given them a “get out of jail free” card is absurd. The MOD already has one of the most effective and robust service justice systems in the world. The presumption against prosecution also in no way affects the UK’s ability to conduct investigations and prosecutions into any crime, including war crimes; it is a high threshold, not a bar. However, as Baroness Goldie stated in the other place only yesterday, there was significant concern that through exclusion of serious crimes, such as sexual offences, this Bill would run the risk of undermining the work that the Government have put in to push the UK as a force for good around the world. I agree. To be worthy of its pre-eminence, I concede that this House should absolutely agree to Lords amendment 1R.

Lord Dannatt’s revision to Lords amendment 5, Lords amendment 5B, is also worthy of consideration, but I want to point out at this juncture that service personnel are entitled to legal support at public expense when they face criminal allegations and civil claims. The Armed Forces Bill brings the armed forces covenant into statute, and there is unrivalled medical support, including mental health support, available to all personnel and veterans. I agree, again, with the Government’s continuing stance that the amendment is not necessary, and I will vote with the Government on all occasions today.