Northern Ireland (Executive Formation) Bill

Debate between Julian Lewis and Gavin Robinson

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 9th July 2019 Commons Chamber

[Dr Julian Lewis (New Forest East) (Con)]

I rise to speak in support of amendment 6, which stands in my name and the names of my right hon. Friend the Member for Sevenoaks (Sir Michael Fallon), my hon. Friend the Member for Plymouth, Moor View (Johnny Mercer) and 16 other Members. It relates to a topic that, by sheer coincidence, I was addressing the Chamber about on 9 July exactly 12 months ago to this day. That topic is the need for protection for our service personnel against repeated reinvestigation of alleged offences committed during the troubles, even though those have in many cases been previously investigated and there is little or no prospect of significant new evidence being forthcoming.

The amendment speaks for itself. It suggests that there should be

“a report on progress made towards protecting veterans of the Armed Forces and other security personnel from repeated investigation for Troubles-related incidents by introducing a presumption of non-prosecution, in the absence of compelling new evidence, whether in the form of a Qualified Statute of Limitations or by some other legal mechanism.”

It is very important to note that the word “amnesty” does not feature in the amendment. I was particularly pleased when, in another debate on this subject on 20 May this year, my hon. Friend, as I choose to describe him, the Member for Belfast East (Gavin Robinson), who is an authority on these matters, intervened to make the point strongly that what the Defence Committee has in mind—namely, a qualified statute of limitations—is not an amnesty in any way, shape or form.

[Gavin Robinson]

indicated assent.

[Dr Lewis]

I am glad to see him nodding.

Armed Forces Covenant

Debate between Julian Lewis and Gavin Robinson

Thursday 22nd November 2018 Commons Chamber

[Dr Lewis]

I am glad to see that she will—very good. We look forward to that.

Very recently—it arrived a few days before last week’s debate, which is why I was so anxious that the matter be flagged up—Judith sent me something I had asked for in the course of our conversation: a concise summary of the situation and some personal recollections and reflections by individual war widows. I intend to put those on the record today.

First, the summary. This is how the commissioner spells out the situation:

“If your spouse died or left Military or War Service before 31 March 1973 and you also receive the War Pension Scheme Supplementary Pension you keep your War Widow’s Pension for life. If you were widowed after 5 April 2005 and receive Survivors Guaranteed Income Payment from the Armed Forces Compensation Scheme you keep your War Widow’s Pension for life.

From 1st April 2015 if your spouse died, left Military or War Service after 31 March 1973 and before 5 April 2005 and you were in receipt of a War Widow’s Pension on that 1st April 2015, you keep your War Widow’s Pension for life. However, if your spouse died or left Military or War Service after 31 March 1973 and before 5 April 2005, and you remarried or co-habited you were required to surrender your War Pension or Compensation; to date this group do not receive their War Pension or compensation.”

There is an anomaly, which is that if a person who was unlucky enough to fall outside the appropriate date range were now to divorce their other half, their husband or wife, the pension would be reinstated, and if they were then to remarry the very same person, the pension would not be taken away. That is, frankly, bonkers. It is basically creating a perverse incentive on people who, by definition, have already suffered trauma and tragedy to part from the person with whom they have found renewed happiness and go through a charade of this sort if they wish to have the pension permanently reinstated.

[Gavin Robinson]

The Chair of the Select Committee is right not only to highlight that anomaly but to press the point that the moral case has been won—we just need to see the corresponding action. There is a further perverse anomaly. In Northern Ireland, under Operation Banner, members of the Royal Ulster Constabulary served and died alongside members of the Ulster Defence Regiment and other regiments. Widows of RUC men who were killed, of whom there are 302, have had this issue resolved, yet the bereaved widows of service members who may have died alongside RUC service personnel have not, to date, had a resolution.

[Dr Lewis]

My excellent friend, for that is what he is—he is another pillar of strength to me on the Defence Committee—will be glad to know that among the examples I intend to quote are several widows who lost a husband serving in the Ulster Defence Regiment and who are in precisely that anomalous position.

This is what happened in the case of Linda, whose husband John was murdered by the IRA in May 1973:

“He died instantly as a boobytrap bomb exploded underneath him. We were stationed in Germany at the time of John’s deployment. Within two days of his death my three month old son and I were put on a flight back to England, leaving behind our life, home and friends to face an uncertain future. With my mum’s help and support I was eventually able to move into a small home of my own and begin to rebuild my life. This is where I received my first ‘inspection’.

In the early 70s War Widows were visited by inspectors to ensure they were not living with another man whilst in receipt of their compensation pension. I felt degraded by this. Life was lonely as a young women with a baby and over time I missed the family life I so tragically had taken from me. I missed my son having a father, I missed the closeness and friendship of a husband.

After years alone I was blessed with a second chance of happiness but felt saddened that my pension would be withdrawn on remarriage as this was a tangible link to John and our previous life together. I also felt this action demeaned John’s sacrifice and that somehow I was no longer a War Widow. However, I had a choice to make and I chose to be part of a loving family again with the security and warmth that it would bring my son and I.

When going through the process of having my pension revoked I spoke to many officials and was insulted when one of them told me ‘not to worry, another man will now look after you.’ Once more I felt let down as I would have to start my new relationship not as an equal but financially dependent on my new husband.

As was stated in 2015 this was a choice that should not have been forced on War Widows. I was personally heartbroken when I was told that pension changes in 2015 had left me behind. The utter disbelief that the government didn’t really mean ALL War Widows would now have their pensions for life was unbearable. These changes made me feel like a second class War Widow and I have now been made to relive the pain and grief of 1973 every day. I cannot and will not accept that John’s sacrifice is less worthy than others.”

Ministry of Defence

Debate between Julian Lewis and Gavin Robinson

Monday 26th February 2018 Commons Chamber

[Dr Lewis]

It depends whether the hon. Gentleman is talking about absolute figures or percentages of GDP spent on defence. In 2016, the Defence Committee produced a unanimous report called “Shifting the Goalposts? Defence expenditure and the 2% pledge”. We had the Committee staff use all available sourcing to draw up a definitive table of what had been spent on defence by Britain as a proportion of GDP over the past 50 years. The figures for the period we are talking about are: 1990-91, 3.8%; 1991-92, 3.8%; 1992-1993, 3.7%; 1993-94, 3.5%; 1994-95, 3.3%; and 1995-96, 3%. It then dips below 3% in 1996-97 to 2.7%, and thereafter it is down and down, with little blips here and there, until it is hovering around 2.5% because the cost of operations were included.

The point about all this is that we should not be arguing about who did the most damage. We should be agreeing about what we need in the future. If we are hearing a chorus of voices from the Labour Benches—it is music to my ears—saying that we have not been spending enough on defence and we need to be spending more, that is what we should be saying loud and clear to those people who seem to be perfectly content to spend the existing inadequate sums.

I do not wish to prolong my contribution, but I do wish to speak briefly about the equipment plan that was alluded to in some detail by my hon. Friend the Member for Gainsborough. The equipment plan of 2016 is for £178 billion over 10 years. That includes a small number—nine, which some would say was too small a number—of new P-8A maritime patrol aircraft, replacing a capability that was quite wrongly dispensed with after 2010. We are also supposed to be replacing 13 Type 23 frigates and supplying mechanised infantry vehicles out of this budget, and we are of course engaged in resurrecting carrier strike capability—another capacity that was temporarily lost after 2010.

The first report of the Defence Committee in the new Parliament was entitled, “Gambling on ‘Efficiency’: Defence Acquisition and Procurement”. The word “efficiency” was in inverted commas because we believe that the affordability of the scheme is predicated on an estimate of £7.3 billion of theoretical efficiency savings that are to be made in addition to some £7.1 billion that was previously announced. As we have heard, the National Audit Office thinks that the equipment programme is at greater risk than at any time since reporting was introduced in 2012. The truth of the matter is that we encounter black holes everywhere we look in defence. This brings me to my concluding point.

[Gavin Robinson]

I am grateful to the Chair of the Select Committee for the points he is making. We can starkly illustrate this issue. Training operations that had been committed for next year have been delayed, and we now hear that there are more. We also heard, very openly and honestly, at the Defence Committee last week not only that we going to have to cut mobile phone contracts and car hire contracts, but that—thinking about next year’s budget—£300 million has already been flexed in this year’s budget for a black hole in the Dreadnought class.

[Dr Lewis]

The hon. Gentleman is a stalwart of the Committee. I hope that he will develop that important point if he catches your eye presently, Mr Deputy Speaker. Obviously there has to be flexibility and a means of making adjustments when adjustments have to be made to very large sums during the course of an annual budget cycle. But we are talking about an overall shortfall that is so great that we are not going to get anywhere unless we recognise reality and accept that defence should not be so far down the national scale of priorities that it has far left behind those areas of high Government expenditure with which it used to bear straight comparison.

I mentioned previously the National Security Adviser and his security and capability review. The House will know something of the difficulties that the Defence Committee has had in getting the National Security Adviser to appear before it on the grounds—he says—that defence was only one out of 12 strands in that review. The new Secretary of State for Defence has now had some success in regaining control of that one strand for the MOD. Nevertheless, there is something to be said for a very in-depth interrogation of the people who are currently charged with the overall design of our defence and security policy.

At the present time, there is a degree of complacency by people who work in these Ministries. Then, as if by magic, the scales drop from their eyes the moment that they leave. Dare I say this in relation to our most recent former Secretary of State for Defence? Throughout his tenure he played a very straight bat, constantly talking up how much more money was being spent on defence. But within a very short time of leaving his position he made an excellent speech—I believe it was on 22 January this year—in which he said not only that he feels that we need to spend more on defence, but that we ought to be spending 2.5% of GDP on defence by the end of this Parliament.

In the further contributions to this debate, I look to some magic formula that will take hold of our Defence Ministers, civil servants, National Security Adviser and all the rest who seem to think that all is well with the world when, confronted with threats such as we face today, we are spending a fraction of what we used to spend in percentage terms of GDP, and who are saying, “Everything is fine and we are on course.” We are not on course. We need to change course, and the direction in which we have to go is towards a significant uplift to 3% of GDP to be spent on the defence of the United Kingdom.

Fatalities in Northern Ireland and British Military Personnel

Debate between Julian Lewis and Gavin Robinson

Thursday 25th January 2018 Westminster Hall

[Dr Julian Lewis]

It only remains for me to express my gratitude to everyone who has taken part in the debate. I hope that any onlookers will realise and accept that we are dealing with the most difficult of issues, and are trying to do everything that decent people with good intentions can do to arrive at a fair conclusion.

I am grateful to those who have spoken today. I am grateful to colleagues such as my hon. Friend the Member for North Wiltshire (James Gray) and my right hon. Friend the Member for Newbury (Richard Benyon), who have been highly active in this field in the past but could not be here today, for writing in support. I am grateful to the Minister, not least for making crystal clear that the sentencing Act does indeed apply equally to the military and to terrorists going on trial.

That said, it remains absolutely unacceptable that service personnel will have to go through the sort of ordeal that Dennis Hutchings is going through. It seems to me that there are only two ways to prevent that: getting rid of the international law that requires such matters to be investigated in the way that it does, and having a statute of limitations. The international law, namely the Human Rights Act, says that if we have a statute of limitations, it must apply to everyone. I see my good friend the hon. Member for Belfast East (Gavin Robinson) dissenting from that proposition, but that is the testimony that we were given by legal experts. If there is a way in which we can do what the report does—that is, support a statute of limitations for service personnel and analogous organisations, such as the police and the security agencies—without incurring a breach of international law, I would like to know what it is, because the evidence that we were given was that we could not.

[Gavin Robinson]

I realise that it is probably improper for me to start a new debate during a concluding speech, but it depends on whether there has been an article 2-compliant investigation or not. If there has not been, the right hon. Gentleman is right; but where there has been, the option of a statute of limitations is open.

[Dr Lewis]

As I say, we sought advice, and the advice we got was that a statute of limitations can be brought in, but there has to be—or have been, as the hon. Gentleman says—an investigation. There has not always been such an investigation, so unless or until we can bring in such a statute, or can get out of the provisions of the Human Rights Act—no one seems to want to do that—we face the prospect of people like Dennis Hutchings being forced to go through a process, at a late stage in their life, that most fair-minded people would regard as unacceptable and that is unlikely to lead to a conviction.

I did not expect for one moment that we would solve this problem today, but I hope that we have clarified the issues, and have focused the Government’s attention on what needs to be done, so that we do not end up with our soldiers having to worry about not only warfare but lawfare.

Question put and agreed to.

Resolved,

That this House has considered the Seventh Report of the Defence Committee, Investigations into fatalities in Northern Ireland involving British military personnel, Session 2016-17, HC 1064, and the Government response, HC 549.