Overseas Operations (Service Personnel And Veterans) Bill

Gavin Robinson Excerpts

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

[Mr Wallace]

The hon. Member makes a really important point. Under the Bill, there are steps where prosecutors will have to pay due regard to the impact on soldiers and sailors of that type of further action.

We have been told that this Bill is controversial. Some have gone as far as to say that it decriminalises torture or prevents veterans receiving compensation. Both allegations are untrue. I have to question whether those making such points have actually read the Bill in full. As the former Attorney General for Northern Ireland, John Larkin QC, has recently written:

“It is clearly wrong to say that the Bill would forbid prosecution of serious allegations of torture supported by evidence.”

[Gavin Robinson (Belfast East) (DUP)]

The Secretary of State invokes the Attorney General for Northern Ireland, so I will invoke Northern Ireland at this point. He knows that of the 300,000 veterans who served in Northern Ireland, none can find comfort in this Bill, as it is about overseas operations. However, he also knows that when the Bill was introduced, there was an equal and comparable commitment given on 18 March that those who served in Northern Ireland would get equal protection. That Bill is yet to be introduced, but can he convince us this afternoon that that commitment still stands?

[Mr Wallace]

The hon. Member points to the statement made in the House, and the Government still stand by that. We will ensure that legislation comes forward as part of the overall package to address legacy issues in Northern Ireland.

--- Later in debate ---

[Gavin Robinson (Belfast East) (DUP)]

It is a pleasure to follow the hon. Member for Wrexham (Sarah Atherton), not only because she made an eloquent speech but because it has been a pleasure to serve with her on the Defence Committee for the past few months. She is a welcome addition to our group. She followed the hon. Member for West Dunbartonshire (Martin Docherty-Hughes). Although our opinions on the Bill may differ throughout our proceedings, it is right to acknowledge that on the Defence Committee, there is great sense of collegiality and a great degree of cohesiveness. We work well and sincerely in the interests of our armed forces and all those who serve our country.

I see the right hon. Member for New Forest East (Dr Lewis) in his place smiling at me. A former Chair of our Committee, he expertly navigated the way through two of the three reports published by the Committee. I was a member of the Committee during the passage of the two substantive reports, and I commend them to Members, not just in relation to the Bill but in relation to future provisions that we hope to see apply to Northern Ireland, because they outline the complexity of the legal arguments that are engaged. Not once have we heard mentioned in the debate thus far the rationale for Northern Ireland not being included in an overseas operations Bill. It is not because it is expedient, but because we operate in entirely different legislative frameworks. International treaties and the Geneva convention do not apply to domestic deployments.

I listened very earnestly to the hon. Member for Bracknell (James Sunderland) and thought that he made a good speech, but he wanted to focus on what is in the Bill rather than on what is not in it, and I am afraid I cannot do that. I cannot say to the 300,000 veterans who served in Northern Ireland during Operation Banner —the longest continual deployment in our country’s history—that they do not count today. I recognise that those 300,000 do not all live in Northern Ireland. In fact, the majority live in constituencies in England, Scotland and Wales. Yet they are hearing us debate issues about protecting those who protected us without recognising fully that they are not included.

[Tom Tugendhat]

I am very pleased to hear the hon. Gentleman talking about this because it matters so much to many of us. But there is a difference, surely, between overseas operations and domestic operations that he has touched on. The very nature of what we are dealing with, with citizens of countries from around the world rather than citizens of the United Kingdom, means that the legal framework must be different. While I appreciate that he is absolutely right that the Bill should go further, or indeed the Northern Ireland Secretary should bring forward a Bill that covers similar issues, does he not recognise that it at least addresses part of the lacuna, even though not the whole?

[Gavin Robinson]

I have enormous respect for the hon. Gentleman, and he is right that there is a different legal framework. That is the point I was making, and I acknowledge it. However, I am not prepared to let this Second Reading debate go by without saying that there is a compelling and equal argument that needs to be made for those who served in Northern Ireland: his constituents and mine. When this Bill was introduced for its First Reading on 18 March, a written ministerial statement was also tabled in this House giving equal provision and commitment to the people who served in Northern Ireland. If that was necessary on the day of its first introduction, the very least we could ask is that we would today have had clarity and further sight of that, and potentially its introduction, so that there was some parallel progression of the commitment that was in the Conservative party’s manifesto, and veterans are looking to see how it will be brought forward.

[Jamie Stone]

As I have mentioned in this place before, both my brothers-in-law served in the Ulster Defence Regiment. The risk to life was as great for them, if not in some ways greater, than in overseas operations. I can remember them both having to shine a torch under the car every morning. I just make that point for the record. It needs to be remembered.

[Gavin Robinson]

That is an absolutely compelling point, and I am glad that the hon. Gentleman made it. There has been no progress on the commitment that was given for veterans who served in Northern Ireland, and I am concerned that that commitment is being watered down.

[Johnny Mercer]

We are very clear that we will not leave Northern Ireland veterans behind. The commitment of equal treatment in any Northern Ireland Bill that comes forward will be absolutely adhered to. This Government will not resile from their commitments to those individuals. We recognise, value and cherish the service and sacrifice of everyone who served in those operations.

[Gavin Robinson]

The Minister will probably make points like that when he concludes the debate. There has been no progression for Northern Ireland today. The right hon. Member for New Forest East—and, indeed, the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle); I rarely agree with him—were absolutely right that nothing in the Bill will frustrate investigations. That process is so burdensome and cumbersome for those who are subjected to it, with repeated inquiries and repeated investigations. Veterans in their 70s and 80s have had their doors knocked in dawn raids or, on one occasion that I can think of, have been taken from their home and flown to Northern Ireland to answer questions for investigatory purposes about an incident on which they have been through two or three investigations in the past. In considering what will come for Northern Ireland, and as fundamentally part of the Bill, we do not believe in the conferment of an amnesty, and I do not believe that what is contained in the Bill does that. I am pleased that that is the case.

When we consider the principles underlining statutory protection for veterans, we must understand that such protection should always be given in a case where there has been a satisfactory investigation previously and, in our domestic context, where the state has discharged its duty under article 2 of the European convention on human rights. I am therefore slightly concerned that clause 4(1)(c) envisages circumstances where an investigation may have commenced previously but not concluded. That should be reflected upon in Committee. It is unwise to offer levels of protection through a presumption of no prosecution, on the basis that an investigation may have commenced but resolved no outcome whatsoever.

I highlight that issue now because it is worthy of further exploration but, in principle terms, having highlighted the need for more progress for Northern Ireland veterans, no amnesty and no equivalence with paramilitarism, which is another concern this evening, I will give my support to the Bill this evening.