Overseas Operations (Service Personnel and Veterans) Bill

Beth Winter Excerpts

Wednesday 21st April 2021 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

Diolch yn fawr.

[Beth Winter (Cynon Valley) (Lab) [V]]

I followed the process of this Bill through the House and, at every point, I voted against it and stood in opposition to it. The Bill has deeply worrying implications for Britain’s standing worldwide and risks further eroding the rights of those living in countries where Britain has a military presence.

The Bill is completely contrary to the values that I hold dear: justice, the rule of law, human rights, peace and a total abhorrence of the inhuman treatment of fellow human beings. I am glad that these views are shared with my colleagues in the other place who voted overwhelmingly across parties in support of measures to address some of the most concerning elements of the Bill.

Although the Government made a belated U-turn yesterday on the exclusion of torture, genocide and crimes against humanity from the Bill, that has been a disappointing and partial change. The Government’s amendment failed to exclude war crimes from the scope of the Bill. By choosing not to exclude from the Bill crimes identified by article 8.2 of the Rome statute of the International Criminal Court in its totality, the Government’s partial amendment will leave many crimes—inhuman treatment, biological experiments, murder, mutilation and cruel treatments, to name just a few—subject to the presumption against prosecution in the Bill. That was clearly not the Lords’ intention when passing Lords amendment 1. We do not send our troops abroad to commit war crimes. We must hold our armed forces to higher standards than this and be willing to prosecute any cases where their behaviour falls short of our shared values. It will be a grave mistake to fail to exclude these war crimes from the five-year limit and will send a signal that we condone crimes of this nature.

Without these Lords amendments, the Bill would effectively legislate to decriminalise war crimes committed by our armed forces. That would be a grave injustice and a moral stain on our international reputation, and would put UK service personnel at risk both in the field and of prosecution in the International Criminal Court. It is for those reasons that I will vote to support Lords amendment 1, tabled by former Defence Secretary and NATO Secretary-General, Lord Robertson of Port Ellen, which excludes torture, genocide, crimes against humanity and, crucially, war crimes from the scope of the Bill.

That brings me to Lords amendment 4, which would eliminate the time limit for current or former service personnel to bring claims against the Ministry of Defence. During discussions with veterans and the Royal British Legion in Wales, they voiced a deep-seated opposition to the Government’s proposal on this matter, which would weaken the key avenue for service personnel to access proper compensation by introducing an unnecessarily brief time window for them to pursue claims. This is inappropriate as some conditions can take years to manifest or be properly diagnosed, such as post-traumatic stress disorder.

The Royal British Legion has rightly expressed grave concerns that the six-year longstop could be a breach of the armed forces covenant. The Government proposal does nothing to protect service personnel or veterans or to expand their rights, but rather serves to shield the Government from criticism. It is vital that we take steps to protect the wellbeing of soldiers and allow them to exert their rights. For these reasons, I support Lords amendment 4, which would remove any restrictions on the time limits for actions brought against the Crown by service personnel.

In a statement following my vote against the Bill on First Reading, I said that, in my view, it undermines the UK’s good standing in defence of human rights and the historically leading role that we have played in the fight against international war crimes. While I welcome and support the Lords amendments and urge others to vote for them, I have not changed my view of this Bill. Serious problems remain, and while supporting the Lords amendments, I cannot support this Bill in its entirety as, in the words of Justice, it would go against

“the interests of service personnel, victims and the UK’s reputation as a country governed by the rule of law.”

As my colleague Baroness Chakrabarti, who has taken a principled stand and fought tirelessly against this Bill from day one, has said, this Bill is a violation

“not just of human rights, but of the rule of law itself and that fundamental principle of equality before the law…which is supposed to be a principle that even conservatives hold.”