Overseas Operations (Service Personnel and Veterans) Bill

Schedule 1

Excluded offences for the purposes of section 6

I beg to move,

That this House agrees with the Lords in their amendment 1R but disagrees with the Lords in their amendments 1S, 1T and 1U.

With this it will be convenient to discuss the following:

Government amendments (a) to (c) in lieu of Lords amendments 1S, 1T and 1U.

Government manuscript amendments (d) and (e).

Government motion to disagree with Lords amendment 5B.

I rise to propose Government amendments in lieu of Lords amendments 1S to 1U. I should once again like to thank Lord Robertson for his constructive contributions to debates on this issue.

It has always been the case that the measures in the Bill will not leave our service personnel at greater risk of investigation by the International Criminal Court. By adopting the amendments, we are happy to offer further reassurance and put that beyond any doubt. I should like to reassure hon. Members that service personnel and veterans will continue to receive the benefits of the additional protections provided by part 1 of the Bill in respect of historical alleged criminal offences under the law of England and Wales. Including war crimes in schedule 1 of the Bill will have little practical impact on the protection that the Bill affords our armed forces personnel. The Government are therefore delivering on our commitment to protect our service personnel and veterans from the threat of legal proceedings in connection with historical overseas operations many years after the events in question.

We have listened, and we believe that these proposed Government amendments in lieu will satisfy the House of Lords in respect of relevant offences, and they demonstrate our continued commitment to strengthening the rule of law and to maintaining our leading role in upholding the rules-based international system.

Can the Minister name any country in the world that, 50 years after the event, would prosecute two of its own soldiers for killing a terrorist?

I am grateful for my right hon. Friend’s intervention. He is, of course, referring to legacy cases in Northern Ireland. I am confident, as I stated at the Dispatch Box last week, that legislation is forthcoming to ensure that our Northern Ireland veterans are protected from any prosecutions in the future. I urge that the Government amendments in lieu be accepted this afternoon.

I congratulate my hon. Friend on his appointment, but can he explain what he means by the expression “in the future”? There will be a lot of people listening and wondering, “When is it going to affect me?”

I am grateful for my hon. Friend’s question. I am confident that, in the near future, legislation will be brought before the House from the Northern Ireland Office to ensure that we see no more prosecutions of Op Banner veterans, and I know that he will share that expectation.

I turn to Lords amendment 5B on the duty of care. The Government continue to believe that it would not be practicable or desirable to define a legally binding standard of care in relation to the matters referred to in the amendment. As I said previously, the Ministry of Defence takes very seriously its duty of care for service personnel and veterans. Over the years, we have established a comprehensive range of legal, pastoral, welfare and mental health support for service personnel and veterans, and we have come a long way from the early days of our operations in Iraq and Afghanistan. Our welfare provisions were clearly laid out in the Defence Secretary’s written ministerial statement of 13 April. We are aiming for a gold standard and are improving our provision all the time without the requirement for legislation.

It is a pleasure to see the Minister in his place. I know that he is committed to this; I have no doubt whatsoever about that. In my constituency and across Northern Ireland, a number of young service personnel who have served well have taken their own life due to post-traumatic stress disorder. Can the Minister assure me that when it comes to legal, pastoral and mental health support, everything that is necessary is in the Bill?

I am grateful for the hon. Member’s question. I can reassure him with confidence that we are aiming for a gold standard in welfare provision. It does not require legislation. It requires constant improvement and a deep interest across Government, and that is what the Ministry of Defence is committed to delivering alongside the Office for Veterans’ Affairs.

Additionally, we are deeply concerned about the potential unintended negative effects of Lords amendment 5B if it is included in the Bill. Notions of pastoral and moral duties are extremely difficult to adequately define, and there is a real risk that attempting to do so will lead to more, rather than less, litigation and greater uncertainty for our armed forces people. We are also concerned that, as investigations and allegations arise and often occur on operations, the amendment might have the unintended consequence of undermining our operational effectiveness.

The Government do agree with Lord Dannatt on the need to set out clearly the benefits of the Bill to the armed forces community. He has asked for a commitment that the Government will communicate the measures of the Bill down the chain of command. I am, of course, delighted to give that assurance now. We will ensure that all service personnel understand the positive effects of the Bill and the legal protection it affords them. We will explain how the measures in the Bill are beneficial to individual service personnel who have deployed or will deploy on overseas operations.

Part 1 of the Bill will reduce the number and length of criminal investigations, and our armed forces personnel should be reassured that the unique context of overseas operations will be taken into account when criminal allegations against them are being investigated. The longstop measures in part 2 of the Bill mean that we should never again see the industrial scale of civil claims that we saw in the wake of Iraq and Afghanistan. These measures are delivering on our manifesto commitment and our solemn pledge to protect our armed forces personnel and our veterans and to bring to an end the shameful cycle of vexatious legal claims brought against our finest asset—our defence people. Together, both parts of the Bill will give greater certainty to service personnel that they will not have the shadow of legal proceedings hanging over them for decades after they return from doing their duty on overseas operations.

Before turning to the amendments before us today, I want to place on record my thanks to all those who have worked so hard and so collaboratively on the Bill throughout its passage, although I have been dismayed at earlier stages when Ministers have tried to make the Bill a matter of party politics. I believed from the outset that Members on all sides in both Houses wanted the same thing from this legislation—that is, to protect British troops and British values.

The Lords have certainly approached the Bill in this constructive cross-party manner, and I want to thank in particular those on the Labour Lords Front Bench: Lords Tunnicliffe, Touhig and Falconer, and Lord Robertson for his tireless work on part 1 of the Bill, which the Minister has acknowledged. I also want to thank Lord Hope for his convincing arguments on the European convention on human rights, Lord Dannatt for his leadership of the duty of care amendment we are considering this afternoon, and Lords Stirrup and Boyce for their experience, their wisdom and their backing for all the Lords amendments that were sent to this House. I also want to thank the Minister’s colleague, Baroness Goldie, and indeed the new Minister himself for their similarly constructive approach.

I agree with my right hon. Friend’s comments about their lordships, but does he agree that if some of the amendments that were tabled in Committee had been adopted, the Lords would not have had to redo the work on the Bill? Is he as disappointed as I am that the Minister at the time would not take into consideration any amendments in Committee?

My right hon. Friend is right. Last week when we debated the first set of Lords amendments, I described the Minister’s predecessor, the hon. Member for Plymouth, Moor View (Johnny Mercer), as a “roadblock to reason” on this Bill. Unfortunately, that has meant that more work was done in the Lords, and that the deep flaws in the Bill have not all yet been fixed. So this is a Bill that in many ways fails to do what it set out to do; it fails to do what it says on the tin. Finally, before I move on to talk about the amendments—which I am sure you wish me to do, Mr Deputy Speaker—I want to make sure that I thank the Bill team in the Ministry of Defence and the Bill teams and Officers of both Houses for their advice, their professionalism and their hard work on the Bill.

We welcome the Government’s acceptance of Lords amendment 1R, which excludes from the Bill’s five-year presumption against prosecution all war crimes covered by articles 6, 7 and 8 of the Rome statute, which of course set up the International Criminal Court and applies the Geneva conventions, which were very much Britain’s brainchild under Attlee and then Churchill after the second world war.

The Government have rightly followed through today on the principle that Ministers conceded last week on torture, genocide and crimes against humanity, because not excluding the full range of crimes falling within the jurisdiction of the International Criminal Court would damage Britain’s international standing, including that of our armed forces, and lay open our armed forces to the risk of being hauled before the ICC. The Government’s acceptance of that amendment and its consequentials, to give full effect to the Lords’ intent from last week, is welcome. We have worked hard for it, and I am sure that the move will be welcomed across the House.