British Overseas Troops: Civil Liability Claims

Lord West of Spithead Excerpts

Monday 20th July 2020 Lords Chamber

[Baroness Goldie [V]]

Clause 3, to which my noble and learned friend refers, requires that a prosecutor must take into account the “exceptional demands and stresses” of overseas operations and the adverse impact that they can have on service personnel. While this requirement applies only after five years have elapsed, prosecutors may already take account of these circumstances in their decision-making at any stage. It is precisely to provide some form of protection for our service personnel and veterans and give them greater certainty that we believe it is important that the Bill makes consideration of these matters a statutory requirement once five years or more have elapsed.

[Lord West of Spithead (Lab) [V]]

My Lords, there are pressing reasons for this Bill, as military personnel have felt let down by successive Governments and the nation they serve. Historically, there was an understanding when one went into action that if any sense of doubt about actions arose, as long as one had acted with good intent, any balance of doubt would be in the service man or woman’s interest. That seems to have ceased to be the case. Even if that is not so, the perception was that our people are vulnerable to repeated litigation; perceptions are important. However, I am concerned about some of the wording in the Bill. Does it open up service men and women to greater risk of investigation and prosecution by international courts?

[Baroness Goldie [V]]

First, I thank the noble Lord for his helpful comments; he speaks from singular experience in the field. The risk that he alludes to is not likely to materialise. As I said earlier, the whole point is that the Bill is framed not as abolishing rights but as placing these rights for exercise within the context of time limits. It is not a statute of limitations; it is not a pardon; and it is not an amnesty. I hope that, with a strong framework in our domestic legislation, such a manifestation will be unlikely.