Overseas Operations (Service Personnel and Veterans) Bill

Debate between Johnny Mercer and Sarah Owen

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 3rd November 2020 Commons Chamber

[Sarah Owen (Luton North) (Lab)]

Since this Bill came before us, I have had serious misgivings about its aim and its effectiveness. As it has progressed unamended, we have heard evidence from military and legal experts as well as charities, all stating that the Bill does not provide the protections that the Government claim it does for our armed forces. Worse than failing to protect our armed forces and their families, it risks limiting them from holding the Ministry of Defence to account when it fails to equip armed personnel properly or when it makes serious errors leading to injury and, in some cases, sadly, death. That was confirmed when the Royal British Legion director general told MPs on the Committee:

“I think it is protecting the MOD, rather than the service personnel”.––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 8 October 2020; c. 86, Q163.]

During the past 16 years, there have been 25,000 civil cases against the MOD by British troops who have been injured or their families. If this Bill goes through without protecting the armed forces covenant, we could potentially see thousands of personnel, veterans and families left wanting when what they deserve is justice. When looking at legislation, I always ask, “What’s the problem that this is trying to solve?” When we compare the 25,000 civil cases against the MOD with the number of vexatious claims, we should be questioning who is really being protected with this Bill. Unlike the Minister, I completely agree with the Royal British Legion’s director general: this Bill is about protecting the MOD, not service personnel.

[Johnny Mercer]

It is important to correct the record. The claims that the hon. Lady refers to have not happened overseas, so those figures are not right. This Bill is specifically designed for overseas operations, and the figures that have repeatedly been raised are incorrect.

[Sarah Owen]

As has been raised many times by Members on both sides of the House, we would like to know exactly how many, yet we are left wanting.

We know that the armed forces risk their lives every day—[Interruption.] The Minister does not want to hear this. I have already had to suggest to him that he should turn off Twitter and listen to the genuine concerns of Members around the House. We know that the armed forces risk their lives every day, and we owe them a huge debt. We also know that they are sometimes faced with difficult decisions, but even in the heat of war, the rule of law still applies. The Government have provided no rationale for why sexual crimes should be excluded from the Bill, but not torture and other war crimes. All is not fair in love and war. Our armed forces are still bound to international humanitarian law, and the Bill risks UK personnel being dragged to the International Criminal Court, which is why I urge Members to support the amendments tabled by my hon. Friend the Member for Barnsley Central (Dan Jarvis) and the right hon. Member for Haltemprice and Howden (Mr Davis).

The exclusion of sexual crimes but not torture is important. Under international law, torture is clearly defined as intentional infliction of very serious or cruel suffering, yet the Minister said in Committee that

“we expect our service personnel to undertake activities that are intrinsically violent in nature. These activities can expose service personnel to the possibility that their actions may result in allegations of torture”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 14 October 2020; c. 206.]

The definition of torture in international law is clear, yet the Minister seemed to deliberately muddle the violent nature of the work of the armed forces with legitimising torture. Given the world that we live in at the moment, that is a very dangerous path to go down. We are rightly condemning the horrendous abuses by the Chinese state in Xinjiang, the violations of human rights in Kashmir and the plight of the Rohingya people, but how can this Government call out other states for their use of torture and human rights abuses when they seek to pass legislation that legitimises the very same? Some Members on the Government Benches have loudly, and in some cases rather surprisingly, become self-appointed champions of protecting human rights overseas, yet we will see them again walk through the Lobby to vote for a Bill that erodes the international human rights laws that we should all uphold. Our armed forces can and should be held to the same high standards, being protected by, and adhering to, the same international law that we expect of others.