Overseas Operations (Service Personnel and Veterans) Bill

Leo Docherty Excerpts

Consideration of Lords message
Tuesday 27th April 2021 Commons Chamber

Excluded offences for the purposes of section 6

[The Minister for Defence People and Veterans (Leo Docherty)]

I beg to move,

That this House agrees with the Lords in their amendment 1R but disagrees with the Lords in their amendments 1S, 1T and 1U.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Government amendments (a) to (c) in lieu of Lords amendments 1S, 1T and 1U.

Government manuscript amendments (d) and (e).

Government motion to disagree with Lords amendment 5B.

[Leo Docherty]

I rise to propose Government amendments in lieu of Lords amendments 1S to 1U. I should once again like to thank Lord Robertson for his constructive contributions to debates on this issue.

It has always been the case that the measures in the Bill will not leave our service personnel at greater risk of investigation by the International Criminal Court. By adopting the amendments, we are happy to offer further reassurance and put that beyond any doubt. I should like to reassure hon. Members that service personnel and veterans will continue to receive the benefits of the additional protections provided by part 1 of the Bill in respect of historical alleged criminal offences under the law of England and Wales. Including war crimes in schedule 1 of the Bill will have little practical impact on the protection that the Bill affords our armed forces personnel. The Government are therefore delivering on our commitment to protect our service personnel and veterans from the threat of legal proceedings in connection with historical overseas operations many years after the events in question.

We have listened, and we believe that these proposed Government amendments in lieu will satisfy the House of Lords in respect of relevant offences, and they demonstrate our continued commitment to strengthening the rule of law and to maintaining our leading role in upholding the rules-based international system.

[Sir Edward Leigh (Gainsborough) (Con)]

Can the Minister name any country in the world that, 50 years after the event, would prosecute two of its own soldiers for killing a terrorist?

[Leo Docherty]

I am grateful for my right hon. Friend’s intervention. He is, of course, referring to legacy cases in Northern Ireland. I am confident, as I stated at the Dispatch Box last week, that legislation is forthcoming to ensure that our Northern Ireland veterans are protected from any prosecutions in the future. I urge that the Government amendments in lieu be accepted this afternoon.

[Sir Christopher Chope (Christchurch) (Con)]

I congratulate my hon. Friend on his appointment, but can he explain what he means by the expression “in the future”? There will be a lot of people listening and wondering, “When is it going to affect me?”

--- Later in debate ---

[Leo Docherty]

I am grateful for my hon. Friend’s question. I am confident that, in the near future, legislation will be brought before the House from the Northern Ireland Office to ensure that we see no more prosecutions of Op Banner veterans, and I know that he will share that expectation.

I turn to Lords amendment 5B on the duty of care. The Government continue to believe that it would not be practicable or desirable to define a legally binding standard of care in relation to the matters referred to in the amendment. As I said previously, the Ministry of Defence takes very seriously its duty of care for service personnel and veterans. Over the years, we have established a comprehensive range of legal, pastoral, welfare and mental health support for service personnel and veterans, and we have come a long way from the early days of our operations in Iraq and Afghanistan. Our welfare provisions were clearly laid out in the Defence Secretary’s written ministerial statement of 13 April. We are aiming for a gold standard and are improving our provision all the time without the requirement for legislation.

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to see the Minister in his place. I know that he is committed to this; I have no doubt whatsoever about that. In my constituency and across Northern Ireland, a number of young service personnel who have served well have taken their own life due to post-traumatic stress disorder. Can the Minister assure me that when it comes to legal, pastoral and mental health support, everything that is necessary is in the Bill?

[Leo Docherty]

I am grateful for the hon. Member’s question. I can reassure him with confidence that we are aiming for a gold standard in welfare provision. It does not require legislation. It requires constant improvement and a deep interest across Government, and that is what the Ministry of Defence is committed to delivering alongside the Office for Veterans’ Affairs.

Additionally, we are deeply concerned about the potential unintended negative effects of Lords amendment 5B if it is included in the Bill. Notions of pastoral and moral duties are extremely difficult to adequately define, and there is a real risk that attempting to do so will lead to more, rather than less, litigation and greater uncertainty for our armed forces people. We are also concerned that, as investigations and allegations arise and often occur on operations, the amendment might have the unintended consequence of undermining our operational effectiveness.

The Government do agree with Lord Dannatt on the need to set out clearly the benefits of the Bill to the armed forces community. He has asked for a commitment that the Government will communicate the measures of the Bill down the chain of command. I am, of course, delighted to give that assurance now. We will ensure that all service personnel understand the positive effects of the Bill and the legal protection it affords them. We will explain how the measures in the Bill are beneficial to individual service personnel who have deployed or will deploy on overseas operations.

Part 1 of the Bill will reduce the number and length of criminal investigations, and our armed forces personnel should be reassured that the unique context of overseas operations will be taken into account when criminal allegations against them are being investigated. The longstop measures in part 2 of the Bill mean that we should never again see the industrial scale of civil claims that we saw in the wake of Iraq and Afghanistan. These measures are delivering on our manifesto commitment and our solemn pledge to protect our armed forces personnel and our veterans and to bring to an end the shameful cycle of vexatious legal claims brought against our finest asset—our defence people. Together, both parts of the Bill will give greater certainty to service personnel that they will not have the shadow of legal proceedings hanging over them for decades after they return from doing their duty on overseas operations.

We will be clear, of course, that the Bill will not stop service personnel being held to the highest standards that we would expect from all our armed forces, and that they will still be subject to domestic and international law when they deploy on overseas operations. Similar, we will make it clear that the limitation longstops will also apply to claims by them that are connected with overseas operations, and emphasise that they should bring any civil claims connected with overseas operations within six years of either the event or their date of knowledge. The vast majority have historically already done so, but it is important that this message is understood so that, in future, an even greater percentage of service personnel bring their claims in a timely manner.

In summary, the Bill delivers for our armed forces and protects our people, but I do not believe that setting a standard for the duty of care in the Bill is necessary or desirable, so I urge the House this afternoon to disagree with Lords amendment 5B.

[John Healey (Wentworth and Dearne) (Lab)]

Before turning to the amendments before us today, I want to place on record my thanks to all those who have worked so hard and so collaboratively on the Bill throughout its passage, although I have been dismayed at earlier stages when Ministers have tried to make the Bill a matter of party politics. I believed from the outset that Members on all sides in both Houses wanted the same thing from this legislation—that is, to protect British troops and British values.

The Lords have certainly approached the Bill in this constructive cross-party manner, and I want to thank in particular those on the Labour Lords Front Bench: Lords Tunnicliffe, Touhig and Falconer, and Lord Robertson for his tireless work on part 1 of the Bill, which the Minister has acknowledged. I also want to thank Lord Hope for his convincing arguments on the European convention on human rights, Lord Dannatt for his leadership of the duty of care amendment we are considering this afternoon, and Lords Stirrup and Boyce for their experience, their wisdom and their backing for all the Lords amendments that were sent to this House. I also want to thank the Minister’s colleague, Baroness Goldie, and indeed the new Minister himself for their similarly constructive approach.

--- Later in debate ---

[Jim Shannon]

It is a pleasure to speak in this debate. I echo the comments by others in relation to those who served in Northern Ireland and the protection that we need. The Minister has responded on that very positively, but we also need a timescale for that to happen.

In the short time that I have, I want to refer to the legal, pastoral and mental health support provided to service personnel who are involved in investigations or litigation arising from overseas operations. I am aware of this because I am aware of a young fellow in my constituency who served overseas and fought with many demons in his own life. I am not blaming the MOD for it, but I ask the question: could we do more? Lords amendment 5B on the duty of care to service personnel could give them the level of care that is earned from putting the uniform on. Subsection (6) of the new clause inserted by the amendment states:

“In subsection (1) “duty of care” means both the legal and moral obligation of the Ministry of Defence to ensure the wellbeing of service personnel.”

When it comes to mental health and the effects on people’s families and lives, our moral obligation should and must be to go the extra mile. That is why I support the premise of the amendment. It reminds us of our moral obligation, which is as important as our legal obligation, to those who serve in uniform.

A five-year programme of study has been carried out in tandem with Queen’s University. The results show—and I want to have this on the record, in Hansard—that more than a third of all military veterans in Northern Ireland are likely to be suffering from post-traumatic stress disorder. Those are the stats, according to this study. More than 1,300 veterans responded to the survey, with 36% reporting signs of PTSD and the same number reporting problems with alcohol.

We have many charities in Northern Ireland that help out. I think of Beyond the Battlefield, in particular, which reaches out to those whom other charities perhaps miss; that is not to take away from the importance of other charities. Some of those cases are incredibly complex, and there are lots of issues for not just the individuals but family members. We need to address the duty of care, both morally and legally.

This is not helped by the fact that those who served in Northern Ireland continue to see no movement. They seek protection, which is very important to have in place for those who served in Northern Ireland. I know that the Minister has given a commitment, but could he tell us where discussions are with the Secretary of State?

I usually say that I will not rehearse previous speeches, but this, I believe, bears repeating. Veterans who served in uniform and operated legally with honour, great courage and great fortitude deserve to be treated with equality. I say to the Government: please do the right thing and bring legislation on this issue forward in the Queen’s Speech in May. Let us show that our moral and legal obligation extends to those who have served on every occasion and from every region of this great nation of ours, the United Kingdom of Great Britain and Northern Ireland.

[Leo Docherty]

I am grateful for all Members’ contributions. I thank the right hon. Member for Wentworth and Dearne (John Healey) for his constructive tone. I am happy to confirm that I will communicate to Justice Henriques the concerns that he has raised. Of course, it is an independent review, but we would be happy for Justice Henriques to consider those concerns within the scope of his review.

We heard contributions from my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) and the right hon. Member for North Durham (Mr Jones). I look forward to receiving the right hon. Gentleman’s letter, and I will give it due consideration and respond in due course. We also heard contributions from the hon. Members for South Shields (Mrs Lewell-Buck), for Caithness, Sutherland and Easter Ross (Jamie Stone) and for West Dunbartonshire (Martin Docherty-Hughes), as well as my right hon. and gallant Friend the Member for Beckenham (Bob Stewart); I thank him for bringing his personal experience into the debate.

We also heard from the hon. Member for Strangford (Jim Shannon). Returning to the question of Northern Ireland veterans, I would like to be clear. I mentioned earlier that Her Majesty’s Government intend to bring forward legislation in relation to Northern Ireland. The House will understand that I cannot comment on any ongoing legal matters, but I will give the reassurance that we are absolutely committed to delivering on our commitments to veterans of Op Banner as soon as possible.

In closing, I would like to put on record my sincere thanks to the Bill team, who have been first class throughout, and in particular to the Bill manager, Richard Hartell. It is to their great credit that we have brought the Bill to this point. If the House accepts the Government amendments in lieu and rejects Lords amendment 5B, the Bill will allow us to deliver on our manifesto commitment—our solemn pledge—to protect our armed forces personnel and our veterans and bring an end to the shameful cycle of vexatious legal claims brought against our finest asset: our people. I commend the Bill to the House.



Question put and agreed to.

Resolved,

That this House agrees with the Lords in their amendment 1R but disagrees with the Lords in their amendments 1S, 1T and 1U.

Government amendments (a) to (c) made in lieu of Lords amendments 1S, 1T and 1U.

Government manuscript amendments (d) and (e) made.

After Clause 12

Duty of care to service personnel

Motion made, and Question put, That this House disagrees with Lords amendment 5B.