Overseas Operations (Service Personnel and Veterans) Bill

Lord Arbuthnot of Edrom Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 20th January 2021 Lords Chamber

[Lord Arbuthnot of Edrom (Con) [V]]

My Lords, following the noble and gallant Lord, Lord Stirrup, is a daunting task, but the fact that I agree with what he said makes it easier.

The Bill has my support. It may not be perfect and it may need to be amended, but it helps to address the twin issues of, first, our service men and women living under a constant threat of litigation and prosecution years after events in which they were involved, and, secondly, enemies of our country and of our values using our legal system and our liberal values against us in a way that was never intended when our laws were drafted.

We are a country that believes in and upholds the rule of law. It is sad that it should be necessary to say this, but the disgraceful inclusion in the United Kingdom Internal Market Bill of clauses designed to break the law both makes this necessary and weakens the Government’s arguments. However, those clauses would never have passed your Lordships’ House, so the country was able to reassert that we indeed believe in the rule of law. I disagree with the assertion by the noble Lord, Lord Touhig, that this Bill is anything like the internal market Bill in that respect.

We have received extensive briefing against the Bill. I have to say that I found it unconvincing. I do not believe that there is anything wrong with reasonable time limits for civil litigation, nor that the Bill legitimises or decriminalises torture. Above all, I do not think there is anything wrong with a limited rebuttable presumption against prosecutions after a lengthy time. Our service men and women do a lot for us, and I believe that we should give them this.