All 6 Jack Lopresti contributions to the Overseas Operations (Service Personnel and Veterans) Bill 2019-21

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Wed 23rd Sep 2020
Overseas Operations (Service Personnel And Veterans) Bill
Commons Chamber

2nd reading & 2nd reading & 2nd reading: House of Commons & 2nd reading
Wed 14th Oct 2020
Overseas Operations (Service Personnel and Veterans) Bill (Fifth sitting)
Public Bill Committees

Committee stage: 5th sitting & Committee Debate: 5th sitting: House of Commons
Tue 20th Oct 2020
Overseas Operations (Service Personnel and Veterans) Bill (Seventh sitting)
Public Bill Committees

Committee stage: 7th sitting & Committee Debate: 7th sitting: House of Commons
Tue 20th Oct 2020
Overseas Operations (Service Personnel and Veterans) Bill (Eighth sitting)
Public Bill Committees

Committee stage: 8th sitting & Committee Debate: 8th sitting: House of Commons
Thu 22nd Oct 2020
Overseas Operations (Service Personnel and Veterans) Bill (Tenth sitting)
Public Bill Committees

Committee stage: 10th sitting & Committee Debate: 10th sitting: House of Commons
Tue 3rd Nov 2020
Overseas Operations (Service Personnel and Veterans) Bill
Commons Chamber

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage & Report stage: House of Commons & Report stage & 3rd reading

Overseas Operations (Service Personnel And Veterans) Bill Debate

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Department: Ministry of Defence

Overseas Operations (Service Personnel And Veterans) Bill

Jack Lopresti Excerpts
2nd reading & 2nd reading: House of Commons
Wednesday 23rd September 2020

(3 years, 6 months ago)

Commons Chamber
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Jack Lopresti Portrait Jack Lopresti (Filton and Bradley Stoke) (Con)
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I welcome the clear intention to support our service personnel, whom we send into harm’s way on operations overseas quite often these days, with this Bill. First, I would like to congratulate my hon. Friend the Minister for Defence People and Veterans on all the incredible hard work he has done on veterans’ issues and on the work he has done to bring this Bill before the House.

I would like to declare an interest as a veteran. I was proud to serve our country in Afghanistan on Op Herrick 9 as a mobilised reservist in the Royal Artillery. One of my sons, Michael, is currently serving in the Royal Artillery as a lance bombardier in 1RHA—1st Regiment Royal Horse Artillery—having just returned this week from a six-month deployment to Estonia. I am looking forward to catching up with him at the weekend and having a few beers.

While I anticipate the important legislation that will follow this Bill and address the great injustice of the treatment of our Northern Ireland veterans, I hope that this Bill will end the vexatious and repeated claims that some of our service personnel have had to endure following their service in Afghanistan and Iraq. I will support the Bill, although I have some questions about which I hope Ministers will reassure me.

Will the Minister assure me that the Bill will not lead to an increased risk that our people will be pursued through the International Criminal Court? We must be careful not unintentionally to give the impression that our armed forces do not operate to the highest possible standards, as we know they do, or that some sort of immunity exists for them while on operations. We must make that point throughout, and be clear that if a service person commits a crime on an overseas operation, they will be held to account legally.

Service personnel are taught about the law of armed conflict and their obligations under the Geneva convention, which they take incredibly seriously. Colleagues have drawn attention to the fundamental difference between an error in the fog of war, and a crime. Even with all the modern technology now available to our armed forces, sadly, we will never eliminate the risk of civilian casualties.

In a recent interview, General Sir Nick Carter drew attention to the need for better records to be kept on operations, and for service personnel to know that any incident that occurs on operations and leads to an investigation will be dealt with quickly by the MOD. As my right hon. Friend the Member for New Forest East (Dr Lewis) said, it is not entirely clear that the Bill will be able to stop repeated investigations. I hope Ministers can assure me that once an investigation has closed, it will not be repeated unless there is more compelling evidence that specifically relates to that case. That will put an end to repeated investigations and interviews by various boards of inquiry that can drag on for many years, with both service and civilian police.

I was proud to serve on the Armed Forces Bill Committee, which enshrined the armed forces covenant into law for the first time and means that military personnel will not be disadvantaged by their service. Will the Minister reassure the House that the Bill will not inhibit the ability of any veteran who seeks legal action against the MOD?

Overseas Operations (Service Personnel and Veterans) Bill (Fifth sitting) Debate

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Department: Cabinet Office

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

Jack Lopresti Excerpts
Committee stage & Committee Debate: 5th sitting: House of Commons
Wednesday 14th October 2020

(3 years, 5 months ago)

Public Bill Committees
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Kevan Jones Portrait Mr Jones
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I thank my hon. Friend for introducing this amendment, which I assume is a probing one in order to have the debate. But, Mr Stringer, it was remiss of me not to say what a pleasure it is serve under your chairmanship, especially now we are both serial rebels on our Benches, after votes that took place this week on covid.

I do not like the word “drone”. It gives the sinister idea that somehow these things are indiscriminate weapons and there is no human in the chain. Unmanned aerial vehicle is a more appropriate term. I accept that, in the future, we may get to a system where unmanned aerial vehicles or subsea systems are completely autonomous, but at the moment, we are talking about the human in the chain.

It is a common myth, mainly argued by those who are against the use of UAVs, that somehow there are no rules that govern how they are used. Nothing could be further from the truth. When I was a Minister in the Ministry of Defence, I met the individuals who pilot—that is the word we use—these unmanned systems in both Iraq and Afghanistan. They are in the same decision-making process and legal framework as if someone was dropping a ordnance from a Typhoon or any type of manned aircraft.

There is a chain of command, including a legal framework around their decisions. Before each individual airstrike takes place, there is a legal justification. That might come as a surprise to some people who want to portray the view that people are sat in Nevada or Waddington or Florida pressing buttons, attacking targets. Nothing could be further from the truth. There is a legal framework for each operation and that is supported by the legal service. It surprises some people that each strike has a legal sign-off, with lawyers who agree what can and cannot be done, including, as I know from my time in office, a chain that sometimes includes Ministers who have to agree to those sign-offs. There are many examples where Ministers have had sign-off.

Is what we are talking about pretty? No, it is not—but anyone who knows the battle space or any type of combat knows that it is not a pretty thing. Killing people is not something that anyone wants to do, but unmanned aerial vehicles have given a capability to us and our allies which has been of tremendous help, not only in saving UK and allies’ servicemen and women’s lives, but in saving civilian lives.

The chain of command is a legal framework. Do things go wrong? Yes, clearly they do, and not just in this theatre. Sometimes in a very complex battle scenario, no matter how well you plan for it, you cannot foresee every eventuality. What irritates me is that people sometimes look back at those situations with some sort of crystal ball and say, “Well, if I was there, I would have done X, Y and Z.”

Jack Lopresti Portrait Jack Lopresti (Filton and Bradley Stoke) (Con)
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On a point of information, and paying tribute to the right hon. Gentleman’s experience in the field, if a Minister signs off an operation and it goes wrong, does that mean that the Minister is legally culpable for the decision, or is it the operator operating the UAV or is it the people on the ground calling in the mission?

Kevan Jones Portrait Mr Jones
- Hansard - - - Excerpts

I will come to that in a minute; it is an important point on the legal protection that is there for the people involved.

Things do go wrong. It is fine for people to look back and say, “Look, if that happened, I would have done this differently,” but that is just not how warfare takes place. Sometimes, there are critical decisions that have to be taken at short notice to protect civilians or protect our armed forces’ lives. At the end of the day, they are down to individual judgments, not only by the commanders who authorise things, but by the people we are asking to protect us as members of our armed forces.

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

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Department: Cabinet Office

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

Jack Lopresti Excerpts
Committee stage & Committee Debate: 7th sitting: House of Commons
Tuesday 20th October 2020

(3 years, 5 months ago)

Public Bill Committees
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Chris Evans Portrait Chris Evans
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The decision not to present the rationale, what advice was taken and how the Government arrived at their decision have eroded trust in politics and have been a problem for as long as I have been in the House. We have an opportunity with the Bill to start to rebuild trust in the decisions that the Government make. I hope that that Government will take that on board.

The Attorney General should be required to publish a report on the findings to reassure Parliament and the public that a decision has not been a political one. Many of the issues we have had in the past few years—the north-south divide and Brexit and remain—would have been avoided if the advice had been published and made transparent and fair. When we are making decisions, especially about our service personnel—some of the bravest people in this country—we must ensure that the public interest is at the heart of decision making. Dominic Grieve believes that the fact that the courts can review a decision by the Attorney General may create more litigation rather than reduce it and simplify the process. There is already a backlog of court cases, and we do not want to add to it.

Jack Lopresti Portrait Jack Lopresti (Filton and Bradley Stoke) (Con)
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Would the hon. Gentleman advocate the next Labour Government making the Attorney General’s position independent? Would he be convinced that any report produced by the Attorney General in Parliament and scrutinised by Parliament would not be looked at in a party political way by the Opposition?

Chris Evans Portrait Chris Evans
- Hansard - - - Excerpts

The hon. Gentleman has a lot of experience in this area. If I was Chair of the Backbench Business Committee, he would just have talked himself into a debate on the Floor of the House. If he will forgive me, I shall stick to the amendment, because as I said earlier, we should have at least a 90-minute debate in Westminster Hall on that point.

The concerns expressed by Dominic Grieve have been echoed by His Honour Judge Jeffrey Blackett, who stated that

“the decision of the Attorney General to prosecute or not prosecute certain cases is likely to lead to judicial reviews and, as Mr Grieve stated, more litigation.”

In the Bill’s evidence sessions we heard from the most recent Advocate General of the Armed Forces. He expressed deep concern that this decision should be taken away from the Director of Public Prosecutions:

“My concern about the Attorney General’s consent is that it undermines the Director Service Prosecutions. If I were he, I would be most upset that I could not make a decision in these circumstances.” ––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 8 October 2020; c. 125, Q267.]

It is quite clear that by taking this responsibility away from the Director Service Prosecutions the Government intend to assert a certain level of political control over these decisions. I hope that when the Minister responds he will give us a full explanation.

This is a risky decision from the Government. If they do not comply with the Geneva convention in making such decisions, that could add to the reputation, which they appear to be determined to establish around the world, that the UK no longer respects international law.

Overseas Operations (Service Personnel and Veterans) Bill (Eighth sitting) Debate

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Department: Cabinet Office

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

Jack Lopresti Excerpts
Committee stage & Committee Debate: 8th sitting: House of Commons
Tuesday 20th October 2020

(3 years, 5 months ago)

Public Bill Committees
Read Full debate Overseas Operations (Service Personnel and Veterans) Bill 2019-21 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 20 October 2020 - (20 Oct 2020)
Carol Monaghan Portrait Carol Monaghan
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In such situations, we know that the person who will benefit is not the veteran. That is the problem with part 2 of the Bill and the six-year limit. There must be protections in place to ensure that veterans who have served and suffered personal injury can seek justice for those injuries.

There are other examples, such as the nuclear test veterans. It was good to hear about the work done by the right hon. Member for North Durham on that. I have had interactions with those veterans, including a constituent of my own who, sadly, died. Many have waited decades and decades for compensation and have had nothing—not even any medals to recognise the service they undertook. There are still ongoing issues, and again the MOD has denied that the cancers that those veterans have suffered are related to their service, despite a number of them having similar cancers and there being no links other than the Christmas Island testing.

I could also mention Lariam, an anti-malarial drug that can cause real issues for individuals’ mental health, but not always instantly—it can happen on a much later date. My own husband was given Lariam and suffered as a result. Thankfully, he has not had any long-term issues, but many individuals’ mental health is affected many, many years beyond that.

Jack Lopresti Portrait Jack Lopresti (Filton and Bradley Stoke) (Con)
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I really enjoyed the hon. Member’s speech this morning— I did not agree with most of it, but it was well presented, with a good argument made. Is she saying that there should be no time limit at all for actions being brought?

Carol Monaghan Portrait Carol Monaghan
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I thank the hon. Member for his kind comments. There is already a limit, but that limit can be looked at and overridden in certain circumstances. That should remain in place; there is no reason to take that away. We are not saying, “We encourage all veterans to wait 30 or 40 years”, but there must be some protections. There cannot be a hard stop that prevents them from taking any action.

We all understand the Bill’s purpose and why it has been brought forward, even though we might not agree with all of it and we might have issues with some of it, but part 2 of the Bill makes no sense whatever. The Bill has been sold to veterans as protecting them and looking after them, with the Government having their back. Actually, part 2 does the opposite. Why do the Government want to prevent between 19 and 50 veterans from seeking justice? I would like to know that from the Minister, because we have not yet had a decent answer on that point.

--- Later in debate ---
Johnny Mercer Portrait Johnny Mercer
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I will come back to the right hon. Gentleman in a minute. He talks about taking rights away from our service personnel. They have a right to be protected on the battlefield in all these areas. One area where they have a right to be protected is the use of lawfare to progress, and change the outcome of, a conflict through other means.

There were lots of wild sentiments thrown around—“lawyers don’t make things up,” and all the rest of it. Again, that does not collide with reality. Phil Shiner has been struck off. The reality—the world as we find it—is what this Bill is designed to deal with.

Jack Lopresti Portrait Jack Lopresti
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On a point of clarification, would a deployment in Cyprus or Estonia be covered by the Bill?

Overseas Operations (Service Personnel and Veterans) Bill (Tenth sitting) Debate

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Department: Cabinet Office

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

Jack Lopresti Excerpts
Committee stage & Committee Debate: 10th sitting: House of Commons
Thursday 22nd October 2020

(3 years, 5 months ago)

Public Bill Committees
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Chris Evans Portrait Chris Evans
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My right hon. Friend is absolutely right. The person who was recruited in this case was clearly unsuitable for the forces. He did not take advantage of the fantastic opportunities that there are in the forces. He clearly had some sort of problem, and he needed to live in that regime where he was told what to do day in, day out. Once that left his life, his life went completely off the track. He said that he missed not just being told what to do but the camaraderie of his unit. Once that was gone, he felt friendless and alone.

However, the problem we have is that there is a dearth of academic research, and that is why we need a report. We do not know the unique factors that have an impact when it comes to military investigations, including the psychological wellbeing and the mental health of service personnel. I know that the Minister is a champion of this in the Government, and I am glad of that fact—I know that he will work on this issue for as long as he is a Minister—but that is the problem we have, and it is why we need a report. There are large numbers of factors that help personnel deal with the complexity of disciplinary and criminal proceedings and the potential of those two processes, but we do not know their effects.

Returning to the example from many years ago that I mentioned, there is also the point about camaraderie. When someone is under investigation, whether disciplinary or criminal, that has an effect on the morale of their unit, which in turn has a wider effect on their mental health. At the end of the day, many people who find themselves under investigation will say one thing: “I was simply following orders. Why am I the one being investigated?” Also, as my right hon. Friend the Member for North Durham alludes to, there are far more laws, regulations and rules in a military investigation. Some military laws have different objectives from criminal and civil laws: in contrast to the criminal law, military discipline has educational objectives, positive as well as negative.

I am not an expert on military law, but I would say that it is confusing. Take the example of a military guard guarding a checkpoint in Helmand 15 years ago, protecting the security of a region’s population. An approaching vehicle opens fire on them—imagine it is you, Mr Stringer. In this role, you as the guard are the victim: you have been fired on. However, you return fire, and you kill the alleged insurgents in the vehicle. That could mean you are investigated simply for following orders and returning fire. That is the crux of the problem: on one hand, somebody is the victim of a crime; on the other hand, they are the perpetrator of a crime, simply because they have followed orders. That is the type of thing I hope we can clear up in future.

Jack Lopresti Portrait Jack Lopresti (Filton and Bradley Stoke) (Con)
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It is always a pleasure to hear the hon. Gentleman speak, and I am enjoying his contribution, but I think he is perhaps being overly simplistic. At the stage he describes, we are not sure that a crime has been committed. There are clear rules of engagement, so there is not a perpetrator and a guilty party at that stage. The military needs to investigate quickly, and as long as the rules of engagement have been followed and that guard can demonstrate that, in their own mind, they were acting to protect life—their own or that of people around them—a crime has not been determined to have been committed at that stage.

Chris Evans Portrait Chris Evans
- Hansard - - - Excerpts

I thank the hon. Gentleman for that intervention: he is always thoughtful, and his intervention was helpful. I should apologise, because I should have put “allegedly” in front of that example. I hope Members will accept that apology. The hon. Gentleman is absolutely right, and that was a very helpful intervention—I would not expect anything different from him.

However, what I would also highlight about these investigations—again, this is because of the lack of academic research—is the vulnerability of so many of these people, and I want to say something about learning disabilities.

Overseas Operations (Service Personnel and Veterans) Bill Debate

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Department: Cabinet Office

Overseas Operations (Service Personnel and Veterans) Bill

Jack Lopresti Excerpts
Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 3rd November 2020

(3 years, 4 months ago)

Commons Chamber
Read Full debate Overseas Operations (Service Personnel and Veterans) Bill 2019-21 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 3 November 2020 - (large print) - (3 Nov 2020)
Kevan Jones Portrait Mr Jones
- Hansard - - - Excerpts

Sorry, Madam Deputy Speaker, but I was being polite in replying to the hon. Member for Derbyshire Dales (Miss Dines).

The families took the case against the MOD on the basis that they did not know about the Snatch Land Rovers until the Chilcot inquiry reported. That was way past any time limit.

Jack Lopresti Portrait Jack Lopresti (Filton and Bradley Stoke) (Con)
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Surely the right hon. Gentleman realises that the proposed six-year time limit applies from the point of knowledge or the point of diagnosis, so it is not clear what point he is trying to get across.

Kevan Jones Portrait Mr Jones
- Hansard - - - Excerpts

He who waits it all comes to. I was going to answer that point in a minute.

The MOD argued two things in that case. First, it argued that the case was out of time, and the families won the limitation hearing to take the case forward. The hon. Member for Filton and Bradley Stoke (Jack Lopresti) has just said it would be within the six-year limit. No, it would not. Let us suppose they had taken the case not in 2016 but six years later. They would not be able to take a limitation hearing at all. The Minister does not quite understand that problem.

The case I raised in Committee was of an aircraft engineer who developed a very serious nerve condition from paint. The only reason he was able to take forward his case was because the technology had changed and research had shown that the paint actually damages people’s nervous system.

The Minister said in Committee that, somehow, he is on record in The Sun as guaranteeing that no one will lose out, but he cannot because that will not happen: as I said to him in Committee, using the Robin Day analogy, we are all here-today, gone-tomorrow politicians. Frankly, what will happen is that MOD lawyers will use this to stop people making claims.

--- Later in debate ---
Dan Jarvis Portrait Dan Jarvis
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My hon. Friend raises an incredibly valuable point. That is a real risk and an unintended consequence of the Bill. I hope that the Minister gives pressing thought to that during the remainder of its passage through the House.

My hon. Friend will have seen the excellent report by the Joint Committee on Human Rights, which raised significant concerns that the Bill breaches the UK’s international legal obligations under international humanitarian law, human rights law and international criminal law. The Committee recommended that at a minimum, the Government should exclude torture, war crimes, crimes against humanity and genocide from the Bill’s presumption against prosecution. That is precisely what the Government should be doing.

When I spoke to the Minister before Second Reading, he said that he was amenable to looking at such changes. I am sure he believes, as I and many right hon. and hon. Members on both sides of the House believe, that torture is incompatible with the values and standards of our armed forces.

Jack Lopresti Portrait Jack Lopresti
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There is nothing in the Bill that prohibits any investigation within or after the five years for any such acts. There is nothing that favours them; there is no amnesty, no pardon, and no statute of limitations. By the way, I enjoyed the hon. Gentleman’s book, which I read a couple of weeks ago, but I have to say that on this occasion, he is mistaken.

Dan Jarvis Portrait Dan Jarvis
- Hansard - - - Excerpts

I thank the hon. Gentleman for the comments towards the end of his remarks. There is a weight of expert opinion. I am reassured about the strength of the case that I and other hon. Members are seeking to make today by the contacts I have had with my former colleagues who are still serving in our armed forces. There is a genuine debate still to be had about this. I am sure that the Minister will want to engage with the substance of the debate. Let us keep talking about it.

--- Later in debate ---
Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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We will have to introduce a five-minute limit now, because of the pressure of speakers.

Jack Lopresti Portrait Jack Lopresti
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I will address briefly some of the points raised in this excellent debate. First, I would like to congratulate the Minister for Defence People and Veterans, my hon. Friend the Member for Plymouth, Moor View (Johnny Mercer), for his efforts to bring the Bill before the House. He has been a tireless champion of the veterans community ever since he was elected and it has been a privilege to serve on the Public Bill Committee with him. And I am so pleased he has had his haircut, finally.

This is a Conservative Government who are delivering on our manifesto commitment to begin to ensure that the men and women this House sends on operations, often into harm’s way, are safe from the sort of vexatious, repeat investigations and harassment that some have had to endure after operations in Afghanistan and Iraq. In this country, we are rightly proud of the men and women of our armed forces. In this season of remembrance, it is right for the House to be considering legal safeguards for them on future operations overseas. The Bill begins to address what many have talked about over many years and which we are finally getting to grips with: it provides some reassurance and protection for those deployed in the service of our nation on operations abroad in the future.

With the greatest respect to Members across the House, there has been a great deal of nonsense spoken about this proposed legislation during the passage of the Bill so far. The statutory presumption against prosecution after five years of any incident does not constitute a pardon, an amnesty or a statute of limitations. Prosecutors will still have discretion over whether to act, bearing in mind the public interest and if there is adequate or new evidence, and, critically, after careful consideration from the Attorney General, who will act in the public interest.

Our service personnel are trained to the highest possible standard and are taught about the laws of armed conflict, as well as the Geneva convention, as some Members mentioned. The Armed Forces Act 2006 clearly states that any criminal act will be considered as an offence under UK law. This proposed legislation does not overturn that principle or statute. This Bill does not make it virtually impossible to bring prosecutions for charges of torture—this is not correct—and I welcome the fact that the threshold for a new prosecution will have to be of an exceptional nature after five years. This legislation will dramatically change the existing culture, where our armed forces personnel are seen as fair game by some lawyers. It is right that any investigation must consider the unique pressures of conflict and decisions made under great stress. This provision will, I am sure, be welcomed by serving personnel and veterans.

This Bill does not prevent personnel from bringing civil claims against the MOD. The six-year time limit proposed applies from the point of knowledge or the point of diagnosis. The MOD estimates that 93.8% of claims by service personnel or their families arising from service in Afghanistan or Iraq would be eligible under the provisions of this Bill. I also welcome the establishment by my right hon. Friend the Secretary of State for Defence of the judge-led review of the wider service justice system. This will I hope ensure that from the beginning when allegations are made or incidents occur, they will be dealt with more swiftly.

The message from this House must be clear to our allies around the world: this Bill does not exclude British personnel on operations from their obligations under international law or the Geneva convention. The wider interpretation of the European convention on human rights has produced additional confusion. In an area where we have unattributed forces acting in grey zone operations, or not wearing uniforms or insignia, the opportunity to provoke incidents and then claim the use of excessive force will be a more attractive option from these states or others who wish us ill. Crucially, other NATO allies, such as France, obtain a derogation from the ECHR when their forces are deployed overseas on operations. This Bill will put in statute the proviso for Ministers to consider that they would derogate from the ECHR.

In welcoming this Bill, I look forward to supporting the Government’s measures to extend similar protections to our Northern Ireland veterans, which is long overdue. This Government are proud to stand up for our armed forces while they protect human rights, democracy and the rule of law.

Emma Lewell-Buck Portrait Mrs Emma Lewell-Buck (South Shields) (Lab)
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I will speak to the amendments and new clauses tabled by my right hon. and hon. Friends on the Opposition Front Bench, those in the name of my right hon. Friend the Member for North Durham (Mr Jones) and those that I have signed tabled by my hon. Friend the Member for Barnsley Central (Dan Jarvis) and others.

I do not want to stray too far from the amendments to hand, but I would like to say that I have sat in on many Bills in this place and I have yet to see one leave Committee completely unamended. Most Ministers accept that Bills as introduced are never perfect. They engage and listen to evidence sessions and Members in Committee, and try to make changes accordingly. It is astonishing that the Bill before us today is identical to the Bill we were presented with on Second Reading—astonishing because not a single witness in oral evidence or in written evidence has expressed full support for the presumption against prosecution in part 1 of the Bill or the civil litigation longstop in part 2 of the Bill.

In fact, there have been strong calls to scrap part 2 of the Bill in its entirety. If the civil litigation longstop part of the Bill remains unamended, there is a high risk that the Ministry of Defence will not be held accountable for violations of soldiers’ and civilians’ rights. The largest proportion of claims made against the MOD are claims of negligence and of breaches of the MOD’s duty of care towards its soldiers. Between 2014 and 2019, the available data shows that such claims amounted to more than 75% of all claims. This legislation will benefit only the Ministry of Defence, yet the Ministry of Defence is the defendant in all those claims. There is a clear conflict. The Minister and the Department have created legislation that protects them from legitimate legal claims. I am unaware of any other instance of our legislation being drafted in such a way to give such inbuilt protection to the defendant over the claimant, especially when there is already legislation in place under the Limitation Act to strike out any baseless claims.

This Bill allows the MOD to strike out not just baseless claims, but any claims, including rightful ones. Those suffering from hearing loss or post-traumatic stress disorder will not always be able to bring claims within the six-year timeframe, for the reasons many in our Committee’s evidence session gave.

There remains a lack of clarity about the number of people who would be disadvantaged by the longstop, but the Government’s impact assessment shows that at a minimum, 19 injured or bereaved members of the forces community who made claims from operations in Afghanistan and Iraq would have been blocked had the legislation we are debating today been in place. One member of our brave forces being blocked from a claim is completely out of order, never mind 19. Crucially, we do not know what will happen in the future, but it is likely that there will be drastic unintended consequences and our forces will have less protection than civilians and, in some cases—as has been said—prisoners. There is simply no justification for introducing a time limit where one currently does not exist.