Sexual Violence in Conflict

Debate between Bob Stewart and Gemma Doyle

Thursday 14th February 2013 Commons Chamber

[Gemma Doyle]

The hon. Lady is right to highlight that issue, but I believe that these attitudes can be found across all societies. They are absolutely not acceptable; we should do everything we can to combat them.

Just as I believe that we will never entirely eliminate violence, it is unlikely that we will ever entirely eliminate sexual violence. The issues we are debating here today are depressing, upsetting and tragic—yet I think we have reason to be optimistic. If everything that could have been done had been done, and still no progress had been made, that would be a hopeless situation. I am optimistic because not nearly enough has been done, and I think that with the will and the resources we can drive down sexual violence in conflict. The investigation teams announced earlier this week were very welcome, and I welcome the Foreign Secretary’s commitment, too, although we need a greater emphasis on prevention, along with a focus on investigation.

There is no doubt that sexual violence is used as a weapon in war. The International Criminal Tribunal for the former Yugoslavia found that an estimated 20,000 to 50,000 women and girls had been raped during the conflict; the Special Court for Sierra Leone estimated 50,000 to 64,000 had been similarly affected; and the International Criminal Tribunal for Rwanda found that an estimated 250,000 to 500,000 girls and women had been raped.

[Bob Stewart (Beckenham) (Con)]

Will the hon. Lady give way?

[Gemma Doyle]

I hope that the hon. Gentleman will not mind if I do not. I want to make a bit of progress.

Disgracefully, in all those examples, only relatively small numbers of men faced prosecution for their crimes, and most got away with them. The extent to which people can get away with such crimes is illustrated by what was said by Korto Williams, of ActionAid Liberia, in October last year:

“It was routine during Liberia’s war for women to be raped at check points. Men who committed these crimes never faced the law and were allowed to act with impunity. Today we have had reports that at least one even became a Member of Parliament, representing the country, while the women he violated still wait for justice.”

It is no wonder that women have no confidence in their ability to seek justice in the aftermath of such conflicts. Justice for crimes of sexual violence remains far too distant for far too many women, and they are often marginalised during the subsequent process of resolution. In far too many cases, the rights of women have been sacrificed in attempts to secure formal peace deals. In only 18 of more than 300 existing peace agreements is there any mention of sexual, gender-based violence, and even in modern peace agreements, the position and rights of women in society are still being threatened. I agree with ActionAid, which suggests that that is partly because women are not at the table during discussions, and considers that we should make it a priority to seek to guarantee places for them. Organisations such as ActionAid, Amnesty and Oxfam are working around the globe to try to tackle these issues, and I think that we should try to make progress by harnessing their knowledge and their networks on the ground.

Earlier today, my right hon. Friend the Member for East Renfrewshire (Mr Murphy), the shadow Secretary of State of Defence, made an important speech outlining his ideas on early intervention, emphasising the need to work alongside our NATO colleagues in conflicts, and to monitor fragile states and, when we can, intervene to stop them from falling into conflict. Experience over the years has shown us the mistakes that have been often made in foreign interventions—mistakes that have cost women dearly in, for instance, the former Yugoslavia and Rwanda.

I think the fact that for the first half of the current Parliament there was not one woman in the Foreign Office, the Department for International Development or the Ministry of Defence was an enormous step backwards. If we argue that women should be sitting around the table in peace negotiations throughout the world, we must surely accept that they should also be sitting around the table in the Departments that make so many decisions that affect women’s lives.

Military Justice System

Debate between Bob Stewart and Gemma Doyle

Thursday 31st January 2013 Westminster Hall

[Gemma Doyle (West Dunbartonshire) (Lab/Co-op)]

It is a pleasure, Mr Dobbin, to serve under your chairmanship today. I congratulate my hon. Friend the Member for Bridgend (Mrs Moon) on drawing attention to the important issues that we are debating. The vast majority of our armed forces do their job with the utmost professionalism and commitment, and nothing we say here today should take away from our gratitude for their service. However, we have a responsibility in this place to give an accurate reflection of the issues we discuss, and some people, not necessarily in this Chamber but outside, may want to suggest that there is no problem. A combination of the statistics and the stories shows that there is a problem, and it needs to be addressed.

Servicemen and women need to have confidence in their justice system. They need to know that if they are wronged against, they will get redress, and if they wrong someone else, they will be held accountable. The key principle of the armed forces covenant is that no one serving in the forces, their families, or veterans should be disadvantaged because of their service, and there is agreement that the covenant should cover all aspects of life in the service community. There is a paragraph in the 2012 covenant report abut the Service Complaints Commissioner, but the wider and more complex issue of military justice is not covered, and I hope that that will be on the agenda for the next report.

There is concern that the system is not properly serving the forces. When the same person in an organisation is responsible for discipline and justice, there is a real danger that the lines may become blurred. We must look properly at giving people access to justice outwith the chain of command. It is not difficult, even for those of us who have never been in the forces, to see how concerns about career prospects, promotion, redundancies and relationships with colleagues and senior officers might get in the way of ensuring that justice is done.

[Bob Stewart]

I am a little worried about where the hon. Lady is going in her remarks. Is she suggesting that commanding officers should be divorced from the system and that someone else should deal with military justice inside it? That is not the military way, and it would not help.

[Gemma Doyle]

With respect, the phrase, “It is not the military way”, is sometimes part of the problem. I am happy to repeat what I said: I think we must look at whether there is a need to give people access to justice outwith the chain of command. As I said, it is not difficult to see how the lines may become blurred, and we have heard many examples of that today.

The figures on sexual harassment, sexual assault and rape are extremely worrying, as my hon. Friend the Member for Bridgend outlined. Such actions should not be tolerated in any workplace. I appreciate that the armed forces are a unique working environment, but that must not be an excuse for any toleration of such behaviour. Even when complaints are made, there is concern that they are not treated or taken forward as they should be. The chain of command is integral to service life and it is right that there is a distinct service justice system that recognises the unique nature of service life, but that does not mean that we should not look at ways to ensure it works as well as possible and whether it could work better.

We have heard a little about the summary hearings process, which is used to deal with both discipline issues and minor criminal offences. A commanding officer handles the whole process from start to finish, receiving the initial complaint, investigating it, carrying out the hearing and finally issuing the judgment and punishment. The commanding officer acts as prosecutor, judge and jury all in one, and we must seriously consider whether external oversight is required.

Nacro, the crime reduction charity, recently published a report on military convictions and criminal records. It found inconsistencies in the way punishments are recorded in the hearings system. For example, as the hon. Member for Cheltenham (Martin Horwood) outlined, if someone has committed a minor offence and is fined, that is added to their civilian criminal record. However, if someone has committed a more serious offence and been demoted in rank, that is not recorded on their criminal record because there is no way for it to be recorded on the police national computer. In some cases, it is only after the serving person has left the forces and is trying to get a job that they find out that that minor fine is preventing them from getting on with life in civvy street because they now have a criminal record. Nacro also found inconsistency in the rehabilitation period, and highlighted that the period for a fine was five years, the same as for service detention, which is a much more serious punishment, presumably for a much more serious offence.

I understand that there are concerns about the annex 40K form system, and that there are instances of them going missing, with the result that the information is not always recorded on the police national computer, which again highlights inconsistency.

Some serious issues have been raised today, including the level of sexual harassment experienced by women in the forces, some serious cases of assault and rape, concerns that individuals may not feel able to report incidents, and concerns about whether the system is as open and transparent as it should be when complaints are made.

I think that all parties agree that the Service Complaints Commissioner is doing an excellent job, but she and the British Armed Forces Federation have called for the creation of an ombudsman, and we agree with that proposal. We also believe that independent oversight of the military police, similar to the role of the Independent Police Complaints Commission, should be considered, and I hope the Minister will explain the Government’s thinking on that. When the Service Complaints Commissioner was originally set up, it was seen as controversial. At the time, it was quite a culture change, but it is now seen as crucial to the process, and we should not be scared about looking at whether further changes need to be made.

People have tragically lost their lives because they felt that the system let them down. It is not in any way about painting the armed forces, and the police within the military, in a bad light, but we let down those who take their responsibilities seriously if we allow wrongs to go unchallenged, and we run the risk of losing valuable people if justice is not available and people feel unable to continue in their jobs.

I am very pleased that we have had the opportunity to discuss matters today. I hope that this is the beginning of a discussion, because there are issues that need further exploration and consideration.

Armed Forces Bill

Debate between Bob Stewart and Gemma Doyle

Tuesday 14th June 2011 Commons Chamber

[Bob Stewart]

I am a bit worried about including inquests in the annual report. This is such a sensitive area and I feel that it should be taken separately. I am not fixed on that, but let us be cautious about bringing inquests into an annual report. That might appear trite or to be dealing with them too lightly, when they are such an important and sensitive matter for families. That is just a comment. Although I am not sure where exactly I stand on the issue, that is my initial feeling.

[Gemma Doyle]

I thank the hon. Gentleman for his observations. I certainly appreciate his concerns. There is great concern among the families who are involved in the issue. Based on their reflections, I believe that further attention needs to be given to the matter.