Overseas Operations (Service Personnel and Veterans) Bill

Kim Johnson Excerpts

Wednesday 21st April 2021 Commons Chamber

[Kim Johnson (Liverpool, Riverside) (Lab)]

Yesterday, the Government at last agreed to table an amendment to exclude torture, genocide and crimes against humanity from the scope of the Overseas Operations (Service Personnel and Veterans) Bill before us today. While I am thankful for this, the fact that such provisions were considered in the first place is outrageous, and raises a number of red flags about the Bill’s intent and its remaining contents, especially in the context of the recent chilling Covert Human Intelligence Sources (Criminal Conduct) Act 2021.

It is great that the Government now agree that torture should never go unpunished—I take this opportunity to pay tribute to the tireless campaigners who have forced this U-turn on them—and I am pleased with the Government amendment to exempt genocide, torture and crimes against humanity from these new legal safeguards for British troops serving overseas. However, the Government amendment fails to exclude war crimes from the scope of the Bill, which will leave UK service personnel at risk of prosecution in the International Criminal Court.

Unless this Bill is changed, it will undermine the country’s commitment to the Geneva conventions and other international treaties by bringing in a presumption against prosecution after five years to cover torture and other war crimes. In that light, I am pleased to speak in favour of Lords amendments 1, 3 and 4, and I appeal to the humanity of Members across the House and ask them to join me in voting for them. These amendments are an absolute basic threshold for ensuring that this legislation does not damage the rights of overseas victims of crimes and of service personnel.

However, we must be clear that the Bill as a whole remains highly problematic for the UK’s adherence to domestic and international human rights norms. Unamended, it would damage the standing of the armed forces by acting contrary to established legal norms both domestic and international. By introducing a threshold that would be near impossible to meet, as claims for many serious crimes are made after five years, it would afford effective impunity for UK overseas military operations in many regards.

Indeed, the Bill signals that rather than adhering to a strict human rights framework in the rules of engagement, the UK is prepared to relax—or worse, disregard—protection from many serious crimes. It risks contravening the UK’s obligations under the European convention on human rights and other legal instruments. It would also restrict the ability of servicepeople to bring claims for personal injury and death during the course of overseas actions. Rather than protecting and enhancing the rights of service personnel, it would weaken their key avenue for justice.

As it currently stands, this Bill could also prevent British armed forces personnel from holding the Ministry of Defence to account when it fails to equip troops properly or makes serious errors that lead to the death and injury of British forces overseas. As was raised by the Royal British Legion when it gave evidence, it may also breach the armed forces covenant. We must be absolutely clear where our troops and those leading them have breached the law. From Northern Ireland to Iraq, they must be held accountable and justice must be served. The Bill in its current form threatens to undermine this principle, while also undermining support for current and former service personnel.

I take this opportunity today to call on the Government to think again and take time to make further changes to the Bill to overhaul investigations, set up safeguards against vexatious claims that are consistent with our international obligations, hold all war crimes to the same judicial standard, and guarantee troops retain their right to compensation claims when MOD failures lead to the injury or death of our forces overseas.

[Jim Shannon]

It is a pleasure to be called in this debate.

First, I want to take the opportunity to acknowledge the birthday of the head of our armed forces, Her Majesty the Queen. When I put on the Ulster Defence Regiment uniform in Operation Banner, it was done to serve Queen and country, and I still honour her today, on the Floor of the House. Our thoughts and prayers remain with Her Majesty and the royal family on this very, very difficult milestone day.

This issue is difficult and complex. The obligation to fulfil our duty under article 2 of the ECHR is vital. Among the chatter I have heard, there seems to be confusion between a legal investigation following appropriate procedures and an investigation that gives what the family feel to be the right result or justice. This Bill is not designed to be the answer to every death involving a member of the armed forces; it is designed to ensure that the killing was unlawful and is still able to be prosecuted. At the same time, it protects against the sustained, erroneous and vexatious prosecution of service personnel such as those who served in Iraq, Afghanistan or Northern Ireland.

As DUP spokesperson on human rights, I welcome the Government changes to the provisions regarding torture as suggested in Lords amendment 1 to clauses 6 and 7. The Government’s acceptance of this in their own proposals is welcome, as is clarification as to why war crimes have continued to be exempted. I look to the Minister for some clarity on that. I have further questions on Lords amendment 4 regarding the ability of service personnel to make a claim against Government. I have been struck by the Royal British Legion’s reasoning in the briefing sent to me. The shadow Minister mentioned this, as did many others. We are all aware of new clause 13, “Restrictions on time limits: actions brought against the Crown by service personnel”. That amends part 2 of the Bill so that it explicitly excludes actions brought against the Crown by serving or former service personnel from the limitations on courts’ discretion that the part imposes in respect of actions relating to overseas operations. It could therefore potentially go some way to addressing the issues raised by the Royal British Legion, other external experts and members of both Houses in relation to the impact of part 2. Again, I seek clarity on this.

My next point will be of no surprise to anyone in this Chamber—equivalence of service personnel. For those who currently serve or who have served in the past, we have, as is the title of Lords amendment 5, a “duty of care to service personnel”. My hon. Friends the Members for Belfast East (Gavin Robinson) and for Upper Bann (Carla Lockhart) both mentioned this. It is really important for those of us who have served in the armed forces and those who represent Northern Ireland in particular. It is so simple and yet so effective, and unfortunately patently untrue. There is a duty of care to service personnel, unless of course they were called to serve in Northern Ireland.

At this stage, I wish to personally thank the former Minister for Veterans and Defence People, the hon. Member for Plymouth, Moor View (Johnny Mercer), for his honourable actions, his passion and his commitment in the job that he had, and also for the help that he gave some of my constituents personally. I would not want to embarrass him by saying it here in the Chamber, but he really did reach out to some of my constituents in a very, very personal way. I really appreciate that and I want to put it on record.

We have today not parallel legislation where we are working through the kinks, but nothing for those brave personnel who served in Northern Ireland. I asked the Minister earlier about the legislation in respect of protection for Northern Ireland. I do not want to embarrass him but I am going to tell him what I saw as I was sitting here just before I was called. Tracey Magee says:

“NIO source tells me there are no plans to bring forward legislation in the Queens Speech on NI veterans ‘at this stage’.”

To be fair to the Minister, who I respect greatly and have affection for, if that is the case, then we really have to address this issue. If it is not in this Queen’s Speech, then when will it be? If he does not mind, I am going to hold his feet to the fire on this one and say that we really need to have a commitment on legislative time and a timescale to work towards. I have no doubt whatsoever that he is committed to this, but we need to have the involvement of Government and the Northern Ireland Office and to see it the Queen’s Speech. We need to be reassured. If there is a legislative programme, then we need it to be confirmed today and to be told what it is. That is breaking news in the past few minutes.

No matter how the republican agenda seeks to rewrite history to make it appear that there is no difference between a terrorist whose every action is a crime, and whose causing of loss of life can only be murder, and a serving member of the armed forces who may cause loss of life while legally carrying out duties, let me be quite clear: they are not the same. Legislation needs to be in place to ensure that that is not the case.

There is much in the Bill that is right and proper, but I find it harder and harder to understand and support those who persist in belittling and traducing the Unionist people of Northern Ireland. The passing of the Bill will not be complete, and will not have the full assurance and confidence of everyone in this great United Kingdom of Great Britain and Northern Ireland, unless those who served in Northern Ireland have very same rights—every soldier who served, every family who grieved. Across this great United Kingdom of Great Britain and Northern Ireland, every MP no doubt has in their constituency families of those who served and died as a result of their service in Northern Ireland. For them, for the MPs in Northern Ireland, for my party and for the people of the Province, we want to be assured that legislative change will come in the House from this Government and that it will be forthcoming soonest. We want to hear about it right away.