Overseas Operations (Service Personnel and Veterans) Bill

Lord Bhatia Excerpts

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

[Lord Bhatia (Non-Afl) [V]]

My Lords, the conduct of parties during armed conflict has traditionally been regulated by international humanitarian law, and the law of conduct of the UK’s Armed Forces has traditionally been, in armed conflict, UK domestic law. Over the past two decades, a number of rulings have expanded the territorial application of the European Convention on Human Rights. There has also been an increase in the number of legal proceedings brought against the Armed Forces and the Ministry of Defence relating to the conduct of military personnel on operations overseas.

The Government have argued that action needs to be taken to provide greater certainty for service personnel and veterans involving what are described as vexatious claims concerning the prosecution of historical events. Part 1 of the Bill establishes new restrictions to bringing proceedings against current and former members of the Armed Forces, including the presumption against prosecution after five years and the requirement to take into consideration the conditions that members of the Armed Forces are in during overseas operations. Part 2 introduces time limits on some civil claims and claims made under the Human Rights Act.

The Bill has been criticised by the Joint Committee on Human Rights, which has argued that it could undermine the UK’s obligations under international humanitarian law, international human rights law and international criminal law. Several amendments to the Bill were tabled during Committee and on Report by Members of the Opposition and other parties and some Conservative MPs. MPs voted on several of them, but they were all defeated.

Our Armed Forces are considered to be very disciplined. They put their lives in front of enemies who breach international law. Our soldiers have taken split-second decisions. Therefore, the Bill should rightly have cross-party support.