Overseas Operations (Service Personnel and Veterans) Bill

Kevan Jones Excerpts

Consideration of Lords message
Tuesday 27th April 2021 Commons Chamber

[John Healey (Wentworth and Dearne) (Lab)]

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.

[Mr Kevan Jones (North Durham) (Lab)]

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?

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[Mr Kevan Jones]

May I also say to my right hon. Friend that it will not in the future either, because it will not, as the Minister said, stop vexatious claims coming forward, because they will have to be investigated? There is a huge hole in this Bill, which the former Minister refused to accept in Committee, about trying to case manage investigations, so people will still be investigated. There is nothing in this Bill to say that they will not be investigated, so it does not do what it says on the tin and it would be dishonest to people to suggest otherwise.

[John Healey]

My right hon. Friend is right. I have described it as the big gap in this legislation. It is a big flaw in the Bill. We may not succeed this time around, but we will certainly return to it in the Armed Forces Bill, which I will come on to. The proposals before us in this amendment are simple, flexible, tried and tested in civilian law, and backed by all the leading military and legal experts in the other place.

I urge the Minister this afternoon to confirm what he hinted at last week, and what his colleague, Baroness Goldie, said she would not stand in the way of yesterday. The Secretary of State made an offer to me in conversation last week to formally ask Sir Richard Henriques to examine this proposal as part of his current review so that it can be considered alongside other recommendations from that review for incorporation into the Armed Forces Bill. The Minister’s predecessor said at the very outset of this Bill’s proceedings in this House, on Second Reading back in November:

“The right hon. Member for Wentworth and Dearne raises time and again the issue of the investigations, but he knows that they are for the forthcoming armed forces Bill and will be addressed there.”—[Official Report, 3 November 2020; Vol. 683, c. 258.]

Of course, they are not, but we will ensure that they are. I say to the Minister that I hope we will be able to work together constructively on that, in a way that proved so difficult with his predecessor.

[Mr Jones]

But it was not for lack of trying. I moved three amendments in Committee, and not only were they fiercely resisted by the hon. Member for Plymouth, Moor View (Johnny Mercer), but there was no explanation of how and when in future legislation anything around investigations would be addressed, even though my right hon. Friend is right that the former Minister had given a commitment that investigations would be addressed in the Armed Forces Bill.

[John Healey]

Yes indeed. My right hon. Friend has worked as hard as anyone in this House on this Bill and I am really grateful to him for that. He has been part of what the Opposition, certainly, are now set to do, which is to forge a consensus on the changes needed to the Bill so that it better serves the interests of British troops, British justice and Britain’s standing in the world. I believe that we, as the official Opposition, and we as a House, have a duty to try to make this Bill fit for purpose as the new legal framework for this country when we have in future to commit our servicemen and women to conflict overseas. It falls short of that test at present. We will not let those matters rest.

This is a classic case of a Government who will win their legislation but have lost the arguments. When that is the case, the Government will find that those arguments come back again, not just from the Opposition but from all parties, not just from this House but from both Houses, and not just from Parliament but from all the range of outside organisations that together have been the chorus of criticism about so much in this Bill that is still left undone but will be done in future.

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[Mr Deputy Speaker]

I will call the Minister at 4.27 pm, and the debate will finish at 4.32 pm.

[Mr Kevan Jones]

The hon. Member for Bracknell (James Sunderland) said that this was a good Bill—no, it is not. It is a bad Bill, and it is an unnecessary Bill. All of this could have been done within the Armed Forces Bill that is going through Parliament, but the Government chose, for their own reasons, to put forward this Bill. It does not get to the central point of the issue, which is around investigations. They are completely absent from this Bill and currently absent from the Armed Forces Bill. They were resisted by the hon. Member for Plymouth, Moor View (Johnny Mercer) in this Bill and in the Armed Forces Bill. It galls me that yesterday he was standing outside a court in Northern Ireland, trumpeting the fact that he was on the side of trying to stop people being investigated, when he had been in a position to do something about it. I think of him as being a bit like an actor in a play who has been sat in the audience watching, rather than taking part.

Without investigation, the Bill is flawed. I have written to the Minister: he needs to ensure that investigations are put in the Armed Forces Bill, because without that, despite the protections that have been claimed today, servicemen and women will be watching our proceedings, thinking that they have more protection than they have. They will still be investigated if allegations are made. There is an opportunity now, with the Armed Forces Bill, to remedy that.

Part 2 of this Bill should simply have been scrapped. I am sorry, but the idea that we should all have Limitation Act rights and yet members of our armed forces should not—that we should take those away from them—is just not good enough. A Bill that is supposed to give things to our armed forces has been taking things away from them. Part 2 will be challenged in court; only the lawyers will benefit from it.

I welcome the change on war crimes because, like many across the House, I was concerned about our international reputation. I fully support Lord Dannatt’s amendment; I believe we should support anything that helps servicemen and women who are going through such a process.

The Bill claimed to do a lot but does very little. It is disappointing. It could have been vastly improved, or just ignored altogether and incorporated into the Armed Forces Bill. There is an opportunity to put right what is not in this Bill when the Armed Forces Bill passes through the House. I know that the Minister is open to discussions about that, but I urge him to ensure that that happens, because without that, people will still be investigated; they will still go through the agony that this Bill was intended to stop. We all sympathised with that intention. It clearly will not be achieved in the Bill’s present form.

[Stephen Timms (East Ham) (Lab)]

I also warmly welcome the further concession that the Minister has announced. The Bill will now exclude all the offences for which service personnel could be summoned before the International Criminal Court. That has now fixed the worst of the problems that many have been anxious about during debates on the Bill.

It would be helpful to understand why it has proved so hard for the Government to realise how awful what they were proposing was. No Minister wants to give armed forces carte blanche to commit torture, genocide and war crimes, and yet it has required the most extraordinary struggle to stop the Government doing exactly that. The noble Lord Robertson—I welcome the Minister’s tribute to him—introducing his amendment in the other place, said:

“Maybe after a lifetime in politics I was affected by some uncharacteristic naivety in thinking that the Government, faced by almost universal and expert opposition on this aspect of the Bill, would by now have changed their mind.” [Official Report, House of Lords, 13 April 2021; Vol. 811, c. 1190.]

Yet they ploughed on until yesterday. Perhaps it was indeed the change of Minister that averted disaster, and with others I congratulate him on his achievement in a short time, but if he can, in winding up, shed some further light on what on earth has been going on, the House would be grateful.

I strongly support what my right hon. Friend the Member for Wentworth and Dearne (John Healey) said on duty of care and investigations. I hope that we will come back to them soon if the duty of care amendment is lost this afternoon. I warmly welcome the progress on the Bill in the past few days and would be grateful for any light the Minister can shed on what has been going on.