Oral Answers to Questions
Debate between Leo Docherty and Emma Lewell-Buck(2 years, 4 months ago)
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Leo Docherty
It was my great pleasure to be at that meeting, and I am happy to write to the hon. Lady with an update.
Mrs Emma Lewell-Buck (South Shields) (Lab)
Despite stark warnings from successive Chiefs of the Defence Staff and others about the vulnerability of our undersea cables in the light of increased Russian submarine activity, it took until 2021 for the Government to announce that they would acquire a multi-role ocean surveillance ship to protect that critical infrastructure. It was recently reported that the Government still have not decided on the capability required, a procurement strategy, or an in-service date. Why is that?
Women in the Armed Forces
Debate between Leo Docherty and Emma Lewell-Buck(2 years, 12 months ago)
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Leo Docherty
I thank my right hon. and gallant Friend for that intervention. Of course, the jurisdiction is concurrent, so the choice of where these cases are best heard remains with the civilian prosecutor. I am not saying that we should have an absolute approach to this: my point is that we need to retain concurrency because of the essential expeditionary nature of our work. However, in simple terms, the civilian prosecutor will always have the final say, and it is quite right that that is the case.
Mrs Lewell-Buck
It might be because I am no legal expert, or because it is the end of the week and we are all a bit tired, but I am still not really clear. For my benefit and the benefit of those listening, will the Minister explain whether he believes that by not removing rape from military courts, victims will have more or less access to justice, and could he explain how?
Leo Docherty
I thank the hon. Member for her intervention. It is conceivable that a case being tried in the courts martial may actually be a better outcome for the welfare needs of a victim, due to the constraints around career sustainability or location. Clearly, I am not saying that that is a given; I am saying that the civilian prosecutor should have the final say, but it is entirely conceivable that not having a case taken out of courts martial and into the civilian system may be a better outcome for the welfare interests of the victim.
Leo Docherty
I would remind the charity that that is why we have concurrent jurisdiction and why it is entirely plausible. If cases would be better heard in the civilian context, they will be. That is a decision for the civilian prosecutor.
Mrs Lewell-Buck
The Minister can correct me if I am wrong, but I believe he said that, ultimately, it can still be decided in civilian court, if that happens. Why are we keeping the courts martial if a case can ultimately be decided in a civilian court? Why do we have a two-tier system?
Leo Docherty
As I mentioned, and I think the hon. Member for Barnsley East agrees, it might conceivably be advantageous to the victim for a case to be heard in the courts martial, due to career considerations, geography or constraints about their career progression. It is conceivable that it might be better for their welfare. It is good to have that flexibility in case that scenario occurs. However, the bottom line is that the civilian prosecutor will always have the final say.