Overseas Operations (Service Personnel and Veterans) Bill

Geraint Davies Excerpts

Wednesday 21st April 2021 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

I call Geraint Davies.

[Geraint Davies (Swansea West) (Lab/Co-op) [V]]

Diolch yn fawr, Mr Deputy Speaker. The Bill as it stands is frankly damaging to our armed forces, as it removes the protection of the law from many who have suffered injustice while serving our country, and it means war crimes may go unchallenged and that they might be dragged into the International Criminal Court.

As it stands, the Bill is bad for our international reputation and, indeed, for those who so gallantly protect our country because, unfortunately, it will stop people bringing legitimate cases of negligence, bullying and worse against the Ministry of Defence that are over six years old, while at the same time turning a blind eye to cases of war crimes and torture that are over five years old, all in the name of reducing the number of so-called vexatious cases.

In the case of Iraq, there have been 1,000 supposedly vexatious cases in the past 17 years. Of those, 330 have been settled—in other words, the Government have paid up and accepted liability. Some 414 remain ongoing—in other words, the Government have not applied for them to be struck out as being vexatious—and 217, only 217 out of 1,000, have been withdrawn or struck out. Many of them have been unmeritorious as opposed to vexatious, by which I mean they have been poorly pleaded or there have been errors of law. That is no surprise, because the Government have made savage cuts to legal aid. Many soldiers do not have law degrees and are traumatised by the experience about which they are bringing their case. There were about 10 unmeritorious cases in 17 years, which is fewer than the number of Government cases that have been rejected in court. Perhaps the Government should put their own house in order.

Let us also remember that, at the moment, the courts will not hear cases of historic facts unless they pass the test of being equitable—in other words, that fairness requires it—so we do not need the six-year limit. What is more, claimants face substantial costs to the Ministry of Defence in cases that are found to be unmeritorious, which is a clear deterrent.

We now have a situation in which the MOD can delay evidence in the name of national security and evade prosecution for negligence or worse. A constituent came to me who had been on an exercise with the military, and he had been hooded, stripped and tortured. He ended up with post-traumatic stress disorder, alcoholism and basically a lifetime of mental health problems, and we are still trying to get compensation. Clearly his case would be ruled out by the Bill.

There is the famous case of an Army cadet who was sexually abused by her instructor, and she did not bring it up until she was an adult. Again, the six-year rule would have meant that her case was not heard. There is the case of a Territorial Army officer who was subjected to racist abuse over many years, to which his superiors turned a blind eye. That case would not have been heard under the six-year limit. The cases go on.

I have no hesitation in supporting the Lords amendments on the duty of care, on the facility for cases to be reopened by the Director of Service Prosecutions when new evidence emerges, and on the facility for members of the armed forces to bring civil claims against the Ministry of Defence.

Finally and crucially, the Bill bans the prosecution of war crimes, including murder and torture, after five years, which is appalling, especially as it can take decades to investigate some of these crimes. We all know what happened after the second world war, for instance. The Government can sit on evidence for years. In a particular case in Britain, which involved the execution of unarmed civilians by British special forces, they sat on the evidence for more than a decade. We cannot justify a blanket pardon for war crimes and torture after five years of their happening, otherwise we will end up in the International Criminal Court in The Hague.

I very much support the amendments from the Lords that try to make the Bill a bit better. In essence, though, my view is that the Bill was not necessary and that it should have been completely scrapped, which is why I voted against it in the first place. None the less, I urge Members to vote for the Lords amendments today.

[Mr Deputy Speaker (Mr Nigel Evans)]

Diolch yn fawr.