Overseas Operations (Service Personnel And Veterans) Bill

Mark Eastwood Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 23rd September 2020 Commons Chamber

[James Sunderland]

I am a great fan of the Bill and the Bill is right. We need to put it through.

At its simplest level, the imposition of a presumption in law against prosecution after five years will provide greater certainty for our service personnel. Since 2002, the MOD has faced 1,400 judicial review claims and over 2,000 civil claims relating to operations in Iraq and Afghanistan alone. Many are valid, but about 3,400 allegations of unlawful killings have also been received by the Iraq Historic Allegations Team, of which at least 70% have been filtered out as being spurious. Members will also be aware of the al-Sweady inquiry, which cost the taxpayer £31 million and was proven to be based on

“deliberate lies, reckless speculation and ingrained hostility”.

That was just the tip of the iceberg, and it is right that public interest lawyers, such as Phil Shiner, should have been struck off. But that is nothing compared to the anguish of our veterans, many of whom are innocent.

[Mark Eastwood (Dewsbury) (Con)]

Does my hon. Friend agree that the measures in the Bill will reduce the uncertainty and anguish of both current armed forces personnel and veterans?

[James Sunderland]

I agree very much. The bottom line is that veterans I have spoken to over the years are worried about the next knock at the door. I believe that the Bill will give certainty to the current generation and to who those come afterwards.

To tackle the conjecture, if I may, the Bill does not absolve any member of Her Majesty’s forces from the obligation to operate within the law. It does not impact on criminal investigations and it does not create, or come close to creating, any de facto immunity for service personnel, as the few bad apples will always be brought to justice. As for the downright fabrication, the Bill does not place our troops on a collision course with the Geneva convention or The Hague, and it does not break international law.

--- Later in debate ---

[Mark Eastwood (Dewsbury) (Con)]

My constituency has a proud history of supporting our veterans. I would like to start by congratulating VetRun 180, a veterans charity based in Mirfield, on raising a significant amount of money for injured servicemen following its 13-day expedition from John O’Groats to Land’s End. Mirfield is also home to what is reportedly the largest remembrance parade outside London, with Dewsbury not far behind and large services also held in Kirkburton and Denby Dale. I hope that Ministers will give assurances that remembrance services, albeit with smaller numbers, can go ahead this year, so that we can show respect for the war dead and our veterans.

I am pleased that the Bill has been introduced, as it delivers on our manifesto pledge to tackle vexatious claims against armed forces personnel. We owe it to our veterans to ensure that they are protected against these claims and that the circumstances of their judgments are taken into account.

I have seen at first hand the impact that serving in conflict zones can have on someone. When I was a teenager, a friend of mine joined the Army and went on to serve in Northern Ireland during the troubles. Having seen his colleague and friend killed in front of him, he came home and looked a shadow of his former self, clearly affected by that traumatic experience. As a result, he distanced himself from our friendship group and could only seek solace and comfort from his Army colleagues. I cannot begin to imagine what my friend went through during his time in the Army, with his life constantly under threat and having to make snap decisions under extreme circumstances.

Of course, the Bill does not deal with Northern Ireland, and I echo the sentiment expressed by the hon. Member for Belfast East (Gavin Robinson) in his speech earlier. However, I expect the Government to honour their manifesto commitments and bring forward legislation relating to Northern Ireland veterans in the not-too-distant future.

That aside, those on overseas operations will have endured similar trauma to my friends. Such experiences can affect people’s judgment and I would be hesitant to criticise people who have made decisions in such gruelling circumstances when I have not been in such situations myself. It is absolutely right that the Bill will ensure that such conditions are taken into account when prosecutions are considered.

I am satisfied that five years is a sufficient period within which to bring forward a prosecution. The impact on veterans of the looming threat of court action can be horrific and they do not deserve to be hounded for many years after they have left service. Many of the inquiries and organisations set up to investigate allegations found little basis in the vast majority of them. Operation Northmoor discounted 90% of investigations into the allegations it received, and none were referred for prosecution. The sort of vexatious claims that prompted many of the investigations could ruin the lives of veterans, placing an enormous burden on their mental health.

It is important to recognise that the Bill includes a presumption against prosecution, not a total exemption. Many of the scenarios put forward by the Bill’s critics— including gruelling torture, which has been discussed by many Members—would certainly still be dealt with, and rightly so. We have a top-class military with dedicated personnel who put their lives on the line in circumstances that many of us will have little understanding of, and we owe it to them to provide the support and peace of mind that they need. That is why I fully support the Bill.