Overseas Operations (Service Personnel and Veterans) Bill

Lord Foulkes of Cumnock Excerpts

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

[Lord Foulkes of Cumnock (Lab Co-op) [V]]

My Lords, I thank the Minister for her usual helpful and comprehensive introduction. Like my colleagues, I have a number of concerns about the Bill, but today I want to concentrate on the power given to Ministers to derogate from the European Convention on Human Rights, which seems like an encouragement to do so. I raise this as one of the delegates from the United Kingdom Parliament to the Parliamentary Assembly of the Council of Europe, which is responsible for the convention. Unlike the noble Viscount, Lord Trenchard, I believe that universal human rights apply under all these circumstances.

This debate gives the House of Lords yet another opportunity, as we have had with so many Bills, to consider in detail the provisions of this Bill, in a way that the Commons did not. I hope we will amend and improve it before we send it back. There are good intentions behind the Bill—in particular, to protect our Armed Forces from vexatious claims—but in its current form it is not fit for purpose as it does not do what the Government claim, as others have said.

May I also take this opportunity to commend my colleagues on the Opposition Front Bench, in both the Commons and the Lords? In dealing with this Bill, they have consulted widely with all the stakeholders, including bodies representing officers and other ranks—the Royal British Legion and the Association of Personal Injury Lawyers, for example. Their aim has been to build a broad consensus. Many of these organisations have sent representations to us, and I have been particularly impressed and moved by those from the Quakers, Freedom from Torture and Survivors Speak OUT.

The Parliamentary Assembly of the Council of Europe, of which, as I said, I am one of the UK delegates, actually elects the judges to the European Court of Human Rights in one of the most impressive democratic processes. Indeed, we will be electing the judges from two countries—Greece and Switzerland—from nominees put forward by their Governments, at the hybrid meeting of the assembly next week. These judges then sit on the court, which considers cases involving breaches of the European Convention of Human Rights referred from any of the 47 member countries of the Council of Europe, including Russia, Turkey and Azerbaijan. It is significant that only Belarus is not a member—and, given its current actions, not qualified to be a member.

If we pass this Bill in its current form, our position in the parliamentary assembly will be undermined, as the Quakers say in their submission to us. The representations from Survivors Speak OUT and Freedom from Torture add:

“The presumption against prosecution is incompatible with obligations under the ECHR.”


So, if the Bill is passed in its current form, British delegates at PACE would find it much more difficult to pursue violations of human rights in other member states, as we have done with the murder of Daphne Caruana Galizia in Malta, the arrests of journalists and opposition leaders such as Alexei Navalny in Russia, corruption in Azerbaijan, and many more. This is just one of many concerns about the Bill as drafted. I hope the Minister will give us an assurance that we will be able to remedy it when we get to Committee and Report.