Overseas Operations (Service Personnel And Veterans) Bill

John Hayes Excerpts

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

[Carol Monaghan]

There are two things: that is not unique to conflict—that happens in many things—and that is also why the original investigation must be carried out properly. If we want to minimise the opportunities for these vexatious claims, such investigations should be independent. They should be collecting accurate evidence, and without this we really do leave the door open.

If the conduct of our personnel is as we expect, why should anyone fear this transparency? This legislation undermines our international standard the more so because it includes, as Members have already mentioned, unlawful killing and torture. Judge Blackett, the Judge Advocate General of the armed forces, has warned:

“This increases the likelihood of UK service personnel appearing before the ICC in the future.”

Is this what any of us want?

Part 2 of the Bill has not had much mention this afternoon, and it should. It is ironic, when we have the Tory chest-thumping going on about protecting our brave soldiers, that part 2 is actually an attack on these very personnel. It removes many of the rights of those who have been injured through the negligence of the MOD to claim against it. Here is the nub of this Bill: it is about protecting the MOD, not personnel.

In the urgent question on 16 July, the Minister for Defence People and Veterans said:

“I will be honest that I cannot, off the top of my head, think why individuals would be diagnosed and choose not to do anything about it… I have not come across that in all my experience in the field, but I am happy to learn. If that is the case, I am happy to change the Bill”.—[Official Report, 16 July 2020; Vol. 678, c. 1675.]

Well, that is great, because it needs changing. There are many reasons why claims are not brought forward promptly, such as a culture in the military meaning that personnel may be told they cannot pursue a claim while serving or told by their chain of command they do not have a valid claim. If part 2 of the Bill becomes law, those injured through negligence will no longer have the full discretion of the court to allow a claim to proceed after the limitation period has expired.

[Sir John Hayes (South Holland and The Deepings) (Con)]

Will the hon. Lady give way?

[Carol Monaghan]

No, I am short of time.

Instead, those who have served overseas, potentially risking their lives, will have an absolute six-year time limit. Given that people can live with conditions such as deafness, asbestos poisoning and the impact of radiation exposure, with the severity increasing over years, how many personnel would pursue a claim within that time limit? The Government say this Bill will be beneficial to personnel and veterans, so perhaps the Minister can give us some real examples of how.

Personal injury claims are important not only in securing justice, but in holding the MOD to account. The unsuitability of Snatch Land Rovers would never have come to light if it had not been for bereaved families pursuing claims against the MOD. The Bill is contrary to the armed forces covenant, which is a promise by the nation to ensure that those who have served in the armed forces, and their families, are treated fairly. The removal of human rights protection is not treating armed forces personnel fairly.

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[Sarah Atherton (Wrexham) (Con)]

I stand here as a veteran. Under current legislation, hypothetically, I could be investigated for spurious claims made against me for my service in the Army back in the ’80s. I therefore have a personal interest in the Bill. I have also spoken to many veterans at surgeries, breakfast clubs and legions, and I am acutely aware of the pressures our veterans are placed under and the injustices they feel right now. Many of the veterans I have spoken to were junior ranks, and I concur with the statement of my hon. Friend the Member for Wolverhampton South West (Stuart Anderson).

The Bill represents a huge milestone for military personnel. To be incorrectly accused of wrongdoing is an unacceptable burden. For our veterans and our veterans of the future, the Bill represents an opportunity to combat that cycle of reinvestigation and vexatious claims and to support our service personnel, who have risked their lives to defend our country and our freedoms overseas. I thank the Secretary of State and the Minister for Defence People and Veterans for bringing the Bill to the House today.

I would like to address the first part of the Bill. For me, the triple lock is the most crucial part of the Bill. The presumption against prosecution for alleged offences committed more than five years ago will both curb the often baseless claims made against veterans and stop lawfare by those who seek to abuse the legal system. Critics of the Bill cite that that provision will protect service personnel from wrongdoing. The Bill does nothing of the sort. There is no debate in this House, nor should there ever be, about the fact that if service personnel commit a crime, they must be called to account. The Bill does not give service personnel de facto immunity from prosecution. There are still provisions to allow for prosecutions of historical cases where there is compelling evidence.

I have had conversations with veterans living life on the edge, with constant anxiety, thoughts and fears that engulf their post-service lives and the lives of their families. We have lost too many veterans to incapacity and suicide. I am committed to veterans’ health and wellbeing, and I know the veterans Minister is, too.

[Sir John Hayes]

I hesitate to interrupt my hon. Friend’s compelling and persuasive speech, except to say that she is absolutely right: the Bill is a huge leap forward and the Minister and the Government deserve great credit. As she may know, I am the champion of and have led the parliamentary campaign on behalf of the British nuclear test veterans. Will she ask the Minister to give an absolute assurance that those who fought a long time ago, if evidence emerges that they were damaged through that service, will not be disadvantaged by the provisions of part 2?

[Sarah Atherton]

I thank my right hon. Friend for that intervention. I think the Minister heard it loud and clear.

I am passionate about veterans’ health and wellbeing, and the Bill goes a long way to offering security and peace of mind. The requirement for prosecutors to consider the circumstances of warfare is a welcome element. War is not black and white; it is grey and involves instant judgments and assessments under life-threatening pressure. It is right that the law reflects that reality. Although I am extremely supportive of the Bill, I accept that there are certain limitations. I would welcome further reassurance from Ministers on how we ensure that rogue lawyers do not bypass the legislation in favour of the international criminal courts to have claims heard. How will the Bill affect service personnel and veterans who are already subject to claims? The six-year longstop in part 2 has drawn criticism. Will the Minister assure me that that will not disadvantage the armed forces community compared with civilians?

We in this House are responsible for sending young men and women into harm’s way, and we rightly expect them to uphold the highest standards of the British armed forces. Despite limited reservations, the Bill will protect our service personnel in the future. It is wrong that servicemen and women we send into conflict should be hounded for years after their active service is over. I understand this legislation will not apply to Northern Ireland, but I am grateful for the Government’s commitment to pursue that separately in Northern Irish legislation. For the current and future service personnel and veterans of my Wrexham constituency, I will support the Bill today. To vote against it would be to deny our service personnel the support of their politicians and this country.

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[Claudia Webbe (Leicester East) (Lab)]

This is the second piece of legislation that the Government have brought forward this week that is predicated on breaking international law. It is alarming that this is the global Britain that was promised in such glowing words by the Prime Minister and his allies over the last few years—a Britain that alienates itself on the world stage and is driven by bluster, tub-thumping and a form of nationalism that endangers both our armed forces and civilians around the globe.

The Defence Secretary has boasted about going to war on lawfare, but preventing acts of torture is not some burdensome red tape. The UK military has opposed torture for decades, and that principle is enshrined in the Army field manual and the Ministry of Defence doctrine, yet the Government wish to provide a triple lock amnesty which would ensure that acts of torture cannot be prosecuted if they took place more than five years ago. The Bill would also enshrine direct political interference from the Attorney General in such cases.

Many human rights groups, including Amnesty International, Freedom from Torture, Liberty, Reprieve and Rights Watch UK strongly oppose the Bill on the grounds that it contravenes international humanitarian and human rights law. The organisation Redress warns:

“The Bill risks creating impunity for serious offences including torture, and thus will result in the UK being in breach of its international treaty obligations… The Bill makes the mistake of assuming that all victims are fake, and that British soldiers are always in the right. That is not borne out by history.”

Indeed, it is believed that thousands of allegations of torture and mistreatment from Iraqis and Afghanis have been lodged against British soldiers serving in the invasion of Iraq and Afghanistan. Earlier this year, the International Criminal Court prosecutor determined that there was a basis to allegations that the UK armed forces committed war crimes against detainees in Iraq. Rather than face up to any wrongdoing, the Government now wish to silence victims by introducing time limits for civil claims in connection with overseas operations.

The Bill would also place a duty on all future Governments to consider deviation from the European convention on human rights in relation to significant overseas military operations. That reveals what this legislation is truly about: slashing away crucial protections on human rights under the guise of macho patriotism. Even if we agree with the Government’s argument that those involved in controversial overseas operations should not be left in uncertainty for years, the solution is not to issue a blanket amnesty for potential war crimes.

[Sir John Hayes]

Will the hon. Lady give way?

[Claudia Webbe]

We have 70 people speaking in this debate.

The solution is for the Government to reverse their severe budget cuts to criminal investigations and to increase accountability and scrutiny of their military interventions.

The Government claim to be standing up for British troops, yet the erosion of global rules against torture would put UK personnel at risk by endangering British soldiers who are detained by foreign forces overseas. Not only that, but the Bill breaches the armed forces convention by preventing British armed forces personnel from holding the Ministry of Defence to account for negligence, personal injury or death. Therefore, despite all the Government’s bluster, this legislation does much more to protect the Ministry of Defence than it does service personnel.

[Sir John Hayes]

On a point of order, Madam Deputy Speaker. The hon. Lady may have inadvertently misled the House, and I would not want her to do that. She made the point just now that the Bill meant that serving personnel could not be prosecuted for war crimes. That is fundamentally untrue, as the Minister no doubt will confirm. If she withdrew that remark, we could all make some progress.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I appreciate what the right hon. Gentleman is saying, but he knows that it is not a point of order for the Chair but the very point that we are debating. The hon. Lady thinks one thing, the right hon. Gentleman thinks another.

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[Andrea Jenkyns (Morley and Outwood) (Con)]

I welcome the Bill, as it delivers on our election manifesto promise to deal with a long-standing injustice. It paves the way to a new framework that puts justice at its heart.

I have always been proud of our armed forces. My late father was in the Royal Scots Greys and the 2nd Royal Tank Regiment, and my husband, my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti), is an Army veteran who served in Afghanistan. I am also very proud of how my constituency supports our veterans, especially the Royal British Legion in Morley, where Gail and her team of volunteers raise tens of thousands of pounds per year for our veterans. Veterans are part of all our communities and it is crucial that we value their contribution to this country. We must seek to protect them as they put their lives on the line to protect us and our country.

The Bill finally finds a solution to end the injustice of vexatious claims. For too long, veterans have been the victims of lawyers’ profiteering ventures, in which profits were made from the constant threat of reprosecution. A new five-year limit on the time in which our troops can be subject to legal claims, apart from in exceptional circumstances, will help to stop unfounded allegations.

We ask much of our armed forces, yet, as things stand, they face an unending trauma from persistent reinvestigation. In essence, the Bill acts to remove that injustice and creates a new legal framework that puts justice at its core. The Bill will achieve that with a triple lock to protect and secure the welfare of our armed forces personnel.

[Sir John Hayes]

My hon. Friend, as ever, makes a strong case. Will she confirm that, far from the irresponsible, scurrilous and unpatriotic claims of the hon. Member for Leicester East (Claudia Webbe), the Bill does not mean that soldiers can do as they please? It simply protects them from those very malicious and vexatious charges long after they have served, which they have been plagued by for too long.

[Andrea Jenkyns]

I thank my right hon. Friend for his comment. That trauma has been inflicted on veterans by disgraced lawyers should be a source of shame to us all. Many veterans’ lives have been put into a state of unending misery.

The Bill will require that prosecutors take into account the adverse effect that overseas operations can have on service personnel. It recognises that, in the interests of justice, there should be reasonable and swift resolution of cases that have already been investigated and in which there is no compelling new evidence. There is justice in having certainty about the future for our armed forces—they deserve that. This is a legal framework that provides clarity in dealing with these allegations. I welcome the Bill not only for removing the injustice of repeated investigations, but for being a measured step—