Veterans and Soldiers: Statute of Limitations

Leo Docherty Excerpts

Monday 25th June 2018 Commons Chamber

[Leo Docherty (Aldershot) (Con)]

I rise to call for legislation to bring forward a statute of limitations to protect soldiers and veterans, in the knowledge that today is the first day of Armed Forces Week. This is a week in which we have an opportunity to celebrate the contribution that our armed forces make to all aspects of our society and our national security, but also to express our collective gratitude to the armed services. This gratitude is universally felt throughout our society, and I know that it is strongly felt in this Chamber. It is for that reason that, when we see instances of soldiers and veterans being mistreated by legal process, we cannot help feeling—as they do—a strong sense of betrayal.

[Bob Stewart (Beckenham) (Con)]

Speaking as someone who spent three years on operations in Northern Ireland, and on behalf of the men and women who served there, may I just say that it is about time that our Government sorted this matter out?

[Leo Docherty]

I am very grateful to my hon. and gallant Friend for his intervention. More than anyone else in this Chamber, he knows what it means to serve.

Like my hon. Friends the Members for North East Hampshire (Mr Jayawardena) and for Witney (Robert Courts), I have brought forward a public petition calling for a statute of limitations, and I have been amazed by the response. Hundreds of my constituents and members of the general public have signed the petition on a daily basis.

[Gavin Robinson (Belfast East) (DUP)]

I congratulate the hon. and gallant Gentleman on the public support he has received in his constituency and on the turnout here this evening, which is testament to the strength of feeling in this Parliament, across the Chamber and across colleagues. I commend him for his work and support him in his efforts. The Democratic Unionist party supports him and we will work together to bring this forward.

[Leo Docherty]

I am very grateful to the hon. Gentleman.

When we see instances such as Dennis Hutchings—a man in his late 70s who served in Northern Ireland in the 1970s—being rearrested for an allegation for which he has previously been cleared of any wrongdoing on two separate occasions, we can see that there is clearly no public interest and that this is palpably politically motivated. The distressing point is that this situation is not just a few old men and a few last cases; there are a further 278 cases similar to that of Dennis Hutchings on the books of the Public Prosecution Service for Northern Ireland.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I congratulate my hon. Friend on securing this debate. Like others, I served in Northern Ireland in the 1970s, and I know of many cases that could possibly be dragged forward and people who are waiting for that knock on the door. It is invidious. I did not go there because I wanted to. Like my colleagues, I went there because we were ordered to; we were there to protect the civilians from all the terrorism. Does he not think that this is poor reward for the hard work and dedication of the armed forces?

[Leo Docherty]

I agree entirely.

[Jim Shannon (Strangford) (DUP)]

The Belfast agreement released men and women from prison—from the possibility of prison—into political life. It was straightforward for them. Does the hon. Gentleman agree that it should be straightforward for our armed forces, who were not terrorists but were following orders just as our soldiers still do throughout the globe? Any soldier with clean hands certainly deserves protection. Those terrorists with blood on their hands got a fresh start in life and appear to be attempting to call the shots.

[Leo Docherty]

I agree with the hon. Gentleman.

This is broader than only Northern Ireland. The House will be aware of the scandalous saga of legal pursuit in recent years of veterans of Iraq and Afghanistan. For example, 3,500 cases were brought before the Iraq Historic Allegations Team at a cost of £60 million to the taxpayer, resulting in no prosecutions. All those allegations were spurious. A case in point is the experience of Major Bob Campbell, who now faces his eighth investigation, despite having been cleared of any wrongdoing on numerous occasions.

[Richard Benyon (Newbury) (Con)]

I congratulate my hon. Friend on securing this debate. Does he agree that this is a matter not just for veterans, for whom we rightly have concern, but for our armed forces of today and in the future? The impact that this could have, and is having, on recruitment and retention is palpable, as we know from those we know who are serving.

[Leo Docherty]

Absolutely. This is not a matter of history: it is a matter of the here and now and of future deployments.

I have two simple proposals. The first is that the Ministry of Defence legislate for a statute of limitations, perhaps for 10 years, meaning that after 10 years, unless there is significant new evidence, no case can be brought against a veteran or soldier. Soldiers and veterans do not wish or seek to be above the law—they just seek natural justice. We must allow veterans to get on with their lives without the constant fear of that knock on the door and legal pursuit.

My second proposal is that we return our armed forces to the legal jurisdiction of the law of armed conflict and the Geneva convention. The intrusion of the European convention on human rights, which was taken into British domestic law in the form of the Human Rights Act 1998, set the scene for the legal scandal that was IHAT in the case of Iraq, and Op Northmoor in the case of Afghanistan. Although the Government should be commended for the way that they closed IHAT, hundreds of cases of a similar nature remain outstanding, with private law firms, that may be brought in the near future. IHAT will happen again unless we in this place change the legal jurisdiction of our armed forces.

[Sir Nicholas Soames (Mid Sussex) (Con)]

I congratulate my hon. Friend on this very important Adjournment debate. Does he agree that both the Vienna convention and the Geneva convention need the closest study and early reform because they are no longer up to date?

[Leo Docherty]

I do agree and I am very grateful for that intervention.

[Ian Paisley (North Antrim) (DUP)]

I congratulate the hon. Gentleman on introducing this debate. A previous British Government were able to find a legal mechanism to help a specific group of people called the on-the-runs, over 130 of them, who were all in different jurisdictions—the Republic of Ireland, Belgium and the United States—and got “get out of jail free” cards. Surely there must be some way in which Her Majesty’s Government can protect those who are there to serve our nation.

[Leo Docherty]

I am grateful for that intervention. I agree that the whole resolve of the Ministry of Defence and the legal capability of the Government must be brought to bear to find a legally viable route towards this, because it is, frankly, an issue of national security.

[Mr Ranil Jayawardena (North East Hampshire) (Con)]

I commend my hon. Friend and neighbour for securing this debate. Does he agree that ultimately there is a simple but important contract that must be honoured, which is that our servicemen and women, whether today or in years gone by, have served us and we should stand by them?

[Leo Docherty]

Absolutely. My hon. Friend is right: it is a contract of trust and we must maintain that.

[Vicky Ford (Chelmsford) (Con)]

I congratulate my hon. Friend on this important debate. Having spent my young years in Northern Ireland, I remember how many times it was British armed forces who kept civilians safe. I am delighted to see so many Members here tonight. I do not want to turn this into a political issue, but is it not sad that half the Chamber is empty?

[Leo Docherty]

I am grateful to my hon. Friend and I certainly agree.

What I am suggesting is not a new idea. As many hon. Members will know, the Conservative party manifesto of 2017 proposed exactly the same thing. On page 41, our manifesto stated:

“We will protect our brave armed forces personnel from persistent legal claims, which distress those who risk our lives for us, cost the taxpayer millions, and undermine the armed forces in the service they give. Under a Conservative government, British troops will in future be subject to the Law of Armed Conflict, which includes the Geneva Convention and UK Service Law, not the European Court of Human Rights.”

We must deliver what we promised. This is a matter of individual justice, but it is also a matter of national security. I regard it as a strategic necessity. How on earth can we deploy military force abroad with resolve if we are in any way doubtful, thinking that the Government may subsequently be challenged legally and that individuals serving on those operations may face legal pursuit?

[James Heappey (Wells) (Con)]

My hon. Friend is absolutely right. This is not just about recruitment and retention, as important as those are. It is about the confidence to pull the trigger and apply lethal force, using one’s judgment, and having the confidence that the Government will not come after people years later. It is about current operational capability.

[Leo Docherty]

I agree entirely with my hon. and gallant Friend. This is a strategic necessity, and it guards against the wholesale enfeeblement of our capacity to deploy military power abroad and to execute with resolve our foreign policy and our security policy.

I seek humbly from the Minister two things: first, confirmation that urgent action will be taken by the Ministry of Defence on bringing forward a statute of limitations; and secondly, confirmation that the Government will fulfil their manifesto pledge and ensure that, when troops deploy abroad on combat operations in the future, they come under the law of armed conflict and the Geneva convention.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

I congratulate my hon. Friend on securing this very important debate. I note that, by rough count, there are some 50 Members in the Chamber this evening, which shows the strength of feeling on this issue. I am also pleased to see the Secretary of State for Defence in his place on the Front Bench.

The Defence Committee, on which my hon. Friend and I both serve, has now agreed to look into this complex issue. If the Committee can find a way through this legal minefield, does my hon. Friend agree that Ministers—bearing in mind the manifesto commitment—would be morally obliged to take notice and act on it?

[Leo Docherty]

I commend my right hon. Friend for his knowledge of the subject and agree entirely with his point. We must show resolve, and the Ministry of Defence must deploy its whole effort to find a legally viable path to fulfil our collective manifesto pledge.

In conclusion, I would like to reflect on the damaging impact that the issue has on the morale and trust of those who have served and continue to serve. I have had a lot of correspondence on this subject, as one would expect, because of the petition and this debate. I am alarmed by the number of conversations I have had that involve the use of the word “betrayal”, but what alarms me more is when senior non-commissioned officers and officers who have served dozens of years all around the world in the most intensive and brutal operational environments tell me, after a lifetime of service, that on no account will they let their children serve as they have done. That pains me deeply.

Fundamentally, this is a matter of trust. It is about the Government fulfilling their duty of care to their soldiers, and it is about us collectively repaying the trust our soldiers have in us.