Armed Forces Bill (Seventh sitting)

Debate between Luke Akehurst and David Reed

Select Committee stage
Thursday 16th April 2026 Public Bill Committees

[David Reed]

I will speak in support of new clauses 13 and 15. My right hon. Friend has laid out quite a scary case study of what happens when international legal frameworks are used to affect our service personnel.

New clause 13 deserves support because it reflects a clear and honest understanding of the legal position. While our long-term view is that the United Kingdom should not remain bound by the European convention on human rights, the reality is that the convention still applies today. Until that changes, the Government have a duty to use every lawful tool available to protect our armed forces, safeguard the national interest and uphold the integrity of operations overseas. The new clause would do that by requiring Ministers to consider derogation when significant overseas operations make it appropriate. This is not an acceptance of the status quo; it is a recognition of the conditions in which decisions are currently made.

Our forces operate in dangerous, fast-moving and legally complex environments. They should not be constrained by frameworks designed for peacetime while Ministers fail to even consider whether the convention’s emergency provisions should be engaged when circumstances clearly demand it. Failing to do so is not leadership; it is a refusal to confront responsibility. A Government committed to the rule of law should also be committed to using the law as it is intended. Where a significant overseas operation is under way, the Secretary of State should be required to address the straightforward question: is derogation appropriate in these circumstances? That is a responsible approach.

I raise this point because it has happened in recent history. In the aftermath of 9/11, the Government at the time derogated from article 5 of the ECHR, enacting part 4 of the Anti-terrorism, Crime and Security Act 2001, which authorised the indefinite detention of foreign national terrorism suspects.

[Luke Akehurst]

Given that the hon. Member is outlining cases where a previous Government—in 2001, if I am right, that was a Labour Government—derogated from ECHR articles without being required to in a piece of legislation such as this, why would he not expect any future Government to be equally rational in making choices about whether to derogate? We have the example of our great allies in Ukraine, who remain signatories of the ECHR but have taken the appropriate derogations to deal with their wartime emergency. They are fighting an enemy that withdrew from the ECHR in 2022, and I am getting a hint that, morally, the hon. Gentleman is on the side of the line of the country that withdrew from the ECHR, rather than the one that is continuing under it with appropriate derogations.

[David Reed]

I am not sure that I welcome that intervention. To say that I am aligned with the people who—

[Luke Akehurst]

indicated dissent.

[David Reed]

That is exactly what the hon. Member just said. I will go back in Hansard to check what he just said.

[David Reed]

I have spent my entire adult life serving my country, and I view being in this House as an extension of that service. For the hon. Member for North Durham even to hint that I am aligned in that way is absolutely atrocious, and I hope he will withdraw his remark.

[Luke Akehurst]

I am happy to clarify that I had no intention of hinting that the hon. Gentleman was in any way politically allied with Russia. Clearly, he is an ally of Ukraine, as we are on the Government side of the House, but it is a matter of fact that the only countries in Europe that are not signatories to the ECHR are Russia and Belarus. I do not wish us to make the same choice that they have made.

[David Reed]

The fact that other countries that we consider to be close allies are also considering this is an important point that I will come on to. In the aftermath of 9/11, the Government chose to derogate from article 5 of the European convention on human rights through part 4 of the Anti-terrorism, Crime and Security Act. That permitted the indefinite detention of foreign nationals suspected of terrorism who could not be deported without breaching other international obligations. While contentious, that step showed that, in the face of exceptional threats, Ministers can and should use the mechanisms available within the convention itself.

In the same spirit, the provision requires Ministers to take clear, accountable decisions when national security and operational effectiveness are in play. It ensures that responsibility cannot be delayed or sidestepped when prompt judgment is needed to protect our personnel and maintain the proper conduct of military operations. That is important and that principle is evident. The provision follows that precedent by ensuring that Ministers must take clear and accountable decisions where national security and operational effectiveness are at stake. It prevents responsibility from being deferred or avoided in circumstances where timely judgment is essential to the protection of our personnel and the proper conduct of operations. The importance of that is clear. The convention has increasingly been interpreted in ways that place strain on operational decision making, encourage litigation and create uncertainty for those serving on the frontline.

Our armed forces need clarity and confidence. They need to know that the Government stand firmly behind them, not that they will face legal challenges long after the events. New clause 13 would move us towards that clarity. If we are serious about restoring control over our legal framework, we should not pretend that the current arrangements are working in Britain’s interests. Ministers are at least required to consider derogation when our forces are engaged in demanding and hostile conditions. The new clause is a practical and measured step. It does not claim to resolve every difficulty, but it does establish the simple and necessary principle that Ministers must take responsibility, make considered decisions and put the interests of the country and those who served it at the forefront.

I also support new clause 15, which seeks to provide exemption from the European convention on human rights for members of our reserve forces when they are deployed under the Act. The intention behind that proposal is both practical and just. Our reservists serve alongside regular personnel in demanding and often perilous conditions. They shoulder the same responsibilities, face the same threats and act under the same operational pressures. It is therefore right that they should be safeguarded under the same legal framework that recognises the realities of military deployments.

In recent years, some interpretations of the convention have become stretched and detached from the practical realities it was designed to address. The world that we face today is very different from the world of the 1950s. I will not digress too much—in fact, I will not digress at all, Mr Efford—but this is an important point. The structures of the ECHR, designed in the 1950s by the people that experienced world war two, were all just and morally sound, and we can all accept that point. But the world has moved on rapidly in the years since the 1950s. Since the ECHR is broad in scope, we have had a number of different lawyers see interpretations—and able to move things—that may be outside of our national interest.

My hon. Friend the Member for South Northamptonshire raised the interesting point that this is not just a problem for us in the UK—it is also a problem for a number of our allies across Europe who are considering either derogating or leaving the convention because it is not serving their national interest. Bear in mind that we are a tolerant country with a good legal system. I have no doubt that a lot of these laws would be reproduced. We need to be in a position to give our forces the legal confidence that they can operate in those environments and that we have the jurisdiction here in the UK to be able to carry out that legal framework. I very much support the new clauses, and I hope the Committee will consider them.