James Heappey
Main Page: James Heappey (Conservative - Wells)Department Debates - View all James Heappey's debates with the Northern Ireland Office
(4 years, 11 months ago)
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John Penrose
I assure the hon. Gentleman that this issue has not landed on anybody’s desk in the Northern Ireland Office out of a clear blue sky—it has been taking up a very large proportion of everybody’s care and attention. It is probably fair to say that it was doing so under former Labour Governments as well as the current Government, and indeed the coalition Government. It is certainly not a new problem, and it has clearly defeated successive attempts to solve it. That is why we have to proceed as fast as possible, but with care.
With regard to people who have already faced cases, clearly we need to make sure that they are treated fairly within the law. Bearing in mind Mr Speaker’s earlier strictures, I probably should not comment on individual cases, but I am sure that everybody here would stand up for the notion that yes, clearly, everyone should be treated fairly within the law.
James Heappey (Wells) (Con)
I deployed to Afghanistan twice and to Iraq and to Northern Ireland, all in quite quick succession. I can tell the Minister that I received operational training and operational kit. I carried operational rules of engagement. I received operational pay, and I received an operational medal for all four of those tours. The distinction that a soldier is aware of the legal premise on which they are deployed is not true—it is not fair, and it stinks. Troops do not get to choose whether they deploy on an operational tour because of the legal underpinning that the Government have chosen, and it is unreasonable to assert that now. We must limit their liability immediately.
John Penrose
I completely agree. I was trying to make this point in response to a couple of earlier questions, but let me have another crack at it. For members of Her Majesty’s armed forces serving on the ground, no matter where they are, if they are on similar kinds of operation, the practical effect and feel of those operations will be the same. My hon. Friend, who is my parliamentary neighbour in Somerset, is absolutely right to make that point. It is not an acceptable justification for inaction for any Government to say, “The legal basis is different, and therefore we cannot solve this.”
All I am saying is that the legal solution has to be different because the legal basis is different, even though soldiers may not care or worry about it. If we do not take that difference of legal basis into account, the answer we come up with will not work in protecting them. We want to protect them properly and successfully. If we do not, the first malicious prosecution that is mounted in a court and knocks a hole in it will show that our efforts have been in vain. My hon. Friend is right. This is an explanation of why it is different; it is not a justification for not acting, nor is it a justification for not succeeding in coming up with an identical outcome, even though it has to be based on different legal foundations.