Overseas Operations (Service Personnel And Veterans) Bill

Debate between Lloyd Russell-Moyle and Stuart Anderson

2nd reading & 2nd reading: House of Commons
Wednesday 23rd September 2020 Commons Chamber

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

There are two substantial parts of the Bill: the criminal part, which in my view puts an unnecessary burden on the prosecution of war crimes and other crimes; and the civil part, which protects the MOD more than it protects veterans.

The Royal British Legion and numerous others have said that great sections of the civil part need to be rewritten. My view is that so much needs to be rewritten that the Government should come back with another proposal. Let us be clear: there is currently a presumption of three years, but that can be extended; a hard line of six years for civil actions, with no ability to extend, will potentially reduce the ability of our veterans to take action and seek compensation.

As an example, let us use a scenario in which a veteran is slowly going blind. Blindness can sometimes take 10 years from the initial act. The blindness comes on, but veterans are patriotic; they do not go running to the courts immediately. Only 10 years down the line does the veteran realise that it has ruined their lives and that they need support or compensation, but it is too late. In my view, that is wrong and that provision is totally wrong.

[Stuart Anderson]

I know that the hon. Gentleman speaks with passion, having worked with him in all-party groups. There is the timeframe to consider, but it is also about the point of knowledge. It was 15 years before it was recognised that I had post-traumatic stress, although I had seen the problems many years before that. Under the Bill, there would be time for me to take that forward.

[Lloyd Russell-Moyle]

That is why I used the example of blindness: the point of knowledge would be the first time that sight is lost, but total sight loss could take much longer. [Interruption.] The Minister for Defence People and Veterans can come back come in his usual style.

On the criminal part, I think the Bill threatens our service people with being more likely to be investigated by the ICC. I am not convinced that prosecutions would be sought in the ICC, but the very risk of investigation by the ICC defeats the whole point of this Bill, which in my view—I have said this a few times in the Chamber tonight—was to tackle a series of vexatious investigations. We need a system where cases, once they are fully investigated, can be closed and not reopened unless a significant bar is met. This Bill does nothing at all about that and fails in its very purpose. That is why it is a great shame that this wording—not the concept; I think we all agree this issue must be tackled—is what the Government have brought forward.

I also want to touch on the time limits. France has a 30-year time limit for serious crimes, while crimes under international humanitarian law are never given a time limit. In the USA, time limits are exempted for the law of war and also for serious crimes or murder. This Bill would put us at odds with how the French and American systems protect their veterans. It would seem extremely odd to take that approach. We should be learning from our allies, not trying to diverge from their approach.

I am extremely disappointed with the wording of this Bill. If it passes tonight, I will work extremely hard to try to amend it. I do not think it will ever be an amazing Bill, because it started from the wrong point and is answering the wrong questions, but I will work with others to try to get the best out of it. Given its drafting, however, I am not convinced that it deserves to go forward in its initial form. The Government should come forward with an alternative plan that hits the nail on the head, because this certainly does not.