Overseas Operations (Service Personnel and Veterans) Bill (Seventh sitting)

Liz Twist Excerpts

Committee stage & Committee Debate: 7th sitting: House of Commons
Tuesday 20th October 2020 Public Bill Committees

[Johnny Mercer]

No, it was not.

[Liz Twist (Blaydon) (Lab)]

rose—

[Mrs Lewell-Buck]

rose—

--- Later in debate ---

[Johnny Mercer]

Of course, anyone can add an amendment to any piece of legislation, but this Bill clearly deals with lawfare and the vexatious claims that came out of Iraq and Afghanistan. We will see more stuff on investigations in the Armed Forces Bill. People can add anything to any legislation. We all know that, but the place for that particular measure is in the Armed Forces Bill, which will be forthcoming next year.

[Liz Twist]

Time after time we heard from witnesses, and we had further pieces of evidence submitted yesterday, which the Clerk has circulated. Witnesses have pointed to the centrality of the investigation process. Having a robust and timely investigation is absolutely central to the efficacy of what the Minister is trying to achieve in the Bill. Will he reconsider looking at the investigation? It is good that we have the inquiry, which was announced in the written ministerial statement last week, but will he commit to looking at investigations?

[Johnny Mercer]

I have already said in Committee that I will not do it this way round, and I said that before I came to the Department. The reality of politics is that we have this time allocated to get through the Bill. It is my job to make sure that the investigatory processes are watertight and that the end state results in good investigations, but a non-abuse of the system.

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[Johnny Mercer]

It is a fair argument from the right hon. Member for North Durham; there is a difference of opinion on this issue. We are very clear as to why sexual offences are on there—schedule 1lists the offences that are not relevant for the purposes of clause 6. The only offences contained in schedule 1 are sexual offences. This means that in cases involving alleged sexual offences on overseas operations more than five years ago, a prosecutor does not need to apply the statutory presumption and the matter is to be given particular weight when considering whether to prosecute.

Further, the prosecutor does not need the consent of the Attorney General for a case to get a prosecution; they will simply follow the usual procedures for determining whether or not to prosecute. For clarity, it should be noted that conflict-related sexual violence is classified as a war crime and is recognised as torture, a crime against humanity and genocide in international criminal law. These offences are referenced in paragraph 13 of part 1 and are listed in parts 2 and 3 of schedule 1.

Part 1 of schedule 1 lists sexual offences as criminal conduct offences under armed forces legislation, the Armed Forces Act 2006, and the corresponding offences under the law of England and Wales, including repeals provision. Part 2 of schedule 1 lists the sexual offences contained in the International Criminal Court Act 2001, under the law of England and Wales and the law of Northern Ireland. Part 3 of schedule 1 lists the sexual offences contained in the International Criminal Court Act 2001 under the law of Scotland. Part 4 of schedule 1 contains the provisions extending jurisdiction in respect of certain sexual offences. I reiterate to the Committee the reason for the exclusion of sexual offences.

[Liz Twist]

To reflect on the words of my right hon. Friend the Member for North Durham, this schedule includes, as we know, only the exclusion of sexual offences. Given the concern raised by many people during our evidence sessions and more generally in debate, why are torture and war crimes not included in the section? I would like to see that, because it is an important issue in the debate.

--- Later in debate ---

[Johnny Mercer]

Putting sexual offences in the Bill in no way denigrates our commitments against torture. We have to deal with the world as we find it, not as we would like it to be. When allegations of torture are mass-generated, as they have been, to produce these claims we have a duty to act to protect our service men and women from that.

[Liz Twist]

I understand the point the Minister is making about protecting service people and about spurious claims, but there are also genuine claims of torture that really deserve to be properly investigated, looked at, and not excluded. I am not saying they are against our forces in particular. I wonder if not writing that into the schedule is a step too far. It is such an important issue for the good name of the country, and also for that of our troops.

[Johnny Mercer]

No one disputes the seriousness of torture. I reiterate that our commitments against that are not diluted in any way. All we are seeking to do is to restore the primacy of things like the Geneva convention and the law of armed conflict, and to protect our service men and women from the nature of lawfare that has been so pernicious over the years. I understand people’s views on it, and at first inspection I understand why people have concerns, but the reality is that we have to deal with the situation with which we have been presented. If we are going to protect our people, this is a difficult part of it. As I have outlined, nobody can in any way be legitimately accused of sexual offences in the discharge of their duties, and that is why it is in the Bill.

Question put and agreed to.

Schedule 1 accordingly agreed to.

Overseas Operations (Service Personnel and Veterans) Bill (Sixth sitting)

Liz Twist Excerpts

Committee stage & Committee Debate: 6th sitting: House of Commons
Wednesday 14th October 2020 Public Bill Committees

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

I hope everyone had an enjoyable lunch. When we left off, I was still talking about investigations and what came through in the evidence we took. Mr Stringer, you and I are old enough to remember when Public Bill Committees did not hold evidence sessions. The process is far better now, because it informs the debate and our progress. Certainly, our witnesses gave valuable evidence, and from a variety of different positions. The one thing that did come through, however, was the lack of any reference in the Bill to investigation.

This morning I referred to Nick Parker’s comment that

“part 1 of the Bill focuses entirely on the process of prosecution, whereas for me the big issue here is the process of investigation”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 8 October 2020; c. 94, Q188.]—

and of reinvestigation. Major Campbell gave some very good evidence—I think everyone had sympathy—about how he had spent 17 years under investigation and reinvestigation.

Last Thursday we had the Judge Advocate General before us. I was amazed that he had not even been consulted on the Bill before it was introduced. I would have thought that he, as the leading judge in the service justice system, would be a good starting point to run things by. He said in evidence:

“My concern relates to investigations, not prosecutions; but there are a number of issues”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 8 October 2020; c. 115, Q231.]—

that need addressing. He also accused the Government of

“looking at the wrong end of the telescope”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 8 October 2020; c. 116, Q246.],

which is a good analogy for how they have approached the subject. We have been blindsided by the disgraceful case of Phil Shiner, which concentrated on the number of vexatious claims. I will put on the record again that I thoroughly condemn that individual, but I think that the process that we had did deal with him, in terms of regulation.

I will now turn to the two amendments that stand in my name, amendment 2 and new clause 6. We did not get a chance to talk about amendment 2, which is also about investigations. It seeks to insert into clause 3:

“the thoroughness, promptness and efficacy of any ongoing investigation into the alleged conduct or any relevant previous investigation, and the reasons for any delays in such investigations”.

The purpose of that is to ensure that we get timely investigation. I will move on shortly to new clause 6, which talks about judicial oversight, because that is important, but we do not want to get into a situation in which the service military police or other people simply say, “Well, we’re not going to investigate because it’s too difficult.” We need oversight, but amendment 2 puts the focus on looking at the investigation, not only to ensure an adequate investigational process, but to give particular weight to the prosecution. In considering a case, therefore, a prosecutor should be able to consider the efficiency of the process and previous investigations that have taken place.

As a statement of principle, I would like the Bill to consider more effectively the way in which the investigation function in the military justice system can be amended. I am sorry that the Government do not seem to accept that that should be part of the Bill. I think I referred to it this morning. At least I know why the civil servants are not accepting that. The obvious thing to have done with the Bill would have been to have put it with the armed forces Bill that will be coming through next year. If there is one thing that I know from my experience of civil servants, it is that they like tidiness, and this process is not tidy. That would have been a better way of doing it.

[Liz Twist (Blaydon) (Lab)]

Does my right hon. Friend agree that witness after witness in the evidence sessions pointed to the centrality of good-quality investigation in removing the problem of vexatious and pluralistic claims?

[Mr Jones]

Yes, and in a moment or two I will cover the important point that my hon. Friend raises. It is about efficiency in dealing with claims through an early process, so that when the evidence is not going to go anywhere, a claim can be dropped. As the hon. Member for West Dunbartonshire said this morning, that is good for the efficiency of the system as well as for the individual. As Lieutenant Colonel Parker said, it is not just the prosecution case, but the mental torture that people go through when waiting for that. It would help servicemen and women going through that process to have an early resolution.

We did not get to discuss new clauses 6 and 7, so I will speak to them now. I understand, Mr Stringer, that they will be voted on at the end of this process. Is that correct?

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[Johnny Mercer]

I am going to speak to new clause 1, and then I will happily give way.

Our intention with the measures that we have introduced in part 1 of the Bill was to ensure that we could provide the utmost reassurance to our service personnel and veterans in relation to the threat of repeated scrutiny and potential prosecution for alleged offences occurring many years ago on overseas operations. This has meant seeking to have a balance in introducing protective measures that would set a high threshold for a prosecutor to determine that a case should be prosecuted, as well as ensuring that the adverse impact of overseas operations would be given particular weight in favour of the service person or veteran, but which would not act as an amnesty or statute of limitations, would not fetter the prosecutor’s discretion in making a decision to prosecute, and would be compliant with international law. We have achieved that balance in the combination of clauses 2 and 3. We are providing the additional protection that our service personnel and veterans so greatly deserve, while ensuring that, in exceptional circumstances, individuals can still be prosecuted for alleged offences.

New clause 1 would effectively replace the presumption against prosecution with a requirement in clause 1 that the prosecutor should consider only whether the passage of time has materially prejudiced the prospective defendant’s chance of a fair trial when coming to a decision on whether to prosecute. This not only removes the high threshold of the presumption, but seeks to replace it with a consideration—whether the passage of time would prejudice the chance of a fair trial—which is likely to already be considered by the prosecutor when applying the existing public interest test. We have never suggested that service personnel or veterans have been subject to unfair trials. We have sought instead to highlight not only the difficulties, but the adverse impacts on our personnel, of pursuing allegations of historical criminal offences. Justice delayed is often justice denied, for defendants and for victims. I believe that clauses 2 and 3 provide the appropriate balance between victims’ rights and access to justice, and the requirement to provide a fair and deserved level of protection for our service personnel and veterans. Removing the presumption in the way the new clause proposes would simply remove that balance.

[Liz Twist]

I am sorry to interrupt the Minister’s flow, but clearly, ensuring that justice and fairness are done is crucial. We heard a number of comments from Judge Blackett on the process. I know the Minister has met Judge Blackett, but was that before or after the legislation was prepared?

[Johnny Mercer]

I did not meet Judge Blackett before the legislation was prepared, for the reasons I have outlined. We thought it far more important to focus on engagement with the independent prosecutors, the Service Prosecuting Authority and the Crown Prosecution Service. Like I said, I have met him and heard what he has to say, and we heard his evidence last week.

[Liz Twist]

Having subsequently met Judge Blackett and heard his evidence, did the Minister make any changes to the legislation as drafted, or does he propose to make any such changes?

[Johnny Mercer]

No, because that would be to pre-empt the judge-led review of how we protect the Department, configure ourselves and develop the capability to deal with lawfare. Judge Blackett gave his view, but in our judgment it was better to engage the independent prosecutors, the Crown Prosecution Service and the Service Prosecuting Authority. That is what we have done—we engaged in a wide public consultation—and I believe that where we have arrived is fair and proportionate.

--- Later in debate ---

[Stephen Morgan]

My right hon. Friend is absolutely right. I hope that the Minister has heard our commitment to get the Bill right. It can be better for our armed forces, if he is willing to engage in the arguments being made.

I put it to the Minister, do not let party politics get in the way of making this Bill worthy of the troops it is set to serve. There is still time for him to work with the Opposition to get this right. He has made half of the argument for me. By already excluding sexual crimes, he recognises that some crimes are so serious they should be excluded from the Bill. He should now go the full way and exclude war crimes.

Labour stand four-square behind our troops, and we want to work with the Government to build the broadest consensus possible on the Bill, tailored to supporting our forces and safeguarding human rights. I urge the Minister to work with us and vote in favour of amendments that would strengthen the Bill for our troops and for our commitments to human rights.

Finally, I ask the Minister to clarify, on the case of those responsible for the six Royal Military Police who were killed in 2003—raised by the former Judge Advocate General last week—would he accept presumption against prosecution? Would we expect the factors in clause 3(2)(a) to be taken into account? Would we be content for a member of the Iraqi Government’s consent to be needed to prosecute, and would he accept a decision not to prosecute? Why would the Minister not prefer to have trials for British troops in British courts, rather than in The Hague? Finally, will he take us through paragraph 1(a) to (k) of article 7 the Rome statute and explain the legal need of those sub-paragraphs within the Bill? What is the legal necessity of including each of those sub-paragraphs?

[Liz Twist]

I want to speak briefly on torture, which is one of the issues that my constituents have brought to me. That is relevant, because it is about public perception of the legislation proposed.

Britain has a fine history with our armed forces of acting legally, morally and in the best interests and traditions of the armed forces. I believe that the Minister should consider the amendment that ensures that torture, war crimes and crimes against humanity are excluded from the Bill. Last Thursday, a number of witnesses said to us that they could see no reason why torture and war crimes should not be excluded too, as sexual offences rightly are. I urge the Government to consider the good name of our country and put those elements outside the scope of the Bill.

[Johnny Mercer]

We ask a huge amount of our service personnel. We send them to undertake high-threat and high-risk operations in defence of our country and its people. They do their duty in the clear knowledge that they may be injured, maimed or even killed.

This Government believe, therefore, that it is absolutely right and reasonable to require that in return we ensure that, in addition to the existing public interest test, a prosecutor has to give particular weight to the unique circumstances of overseas operations and the adverse impacts that those may have on a serviceperson’s capacity to make sound judgments and on their mental health at the time of an alleged offence when coming to a decision on whether to prosecute. That is not intended to excuse bad behaviour by service personnel, but to ensure that prosecutors give full recognition to the significant difference in the circumstances surrounding an alleged offence committed on operations overseas as compared, for example, to situations where the alleged criminal conduct occurs in a domestic civilian setting.

The prosecutor must consider the presumption against prosecution under clause 2 to determine whether a case meets the exceptional threshold. The prosecutor, as required by clause 3, must also give particular weight to matters that may, in effect, tip the balance in favour of not prosecuting. Clause 3 is therefore integral to supporting the high threshold set in clause 2 for a prosecutor to make a decision to prosecute.

There was a lot of discussion last week about the concerns over the impact on our personnel of repeated scrutiny and the mental burden placed on them by the threat of criminal prosecution occurring long after the events in question, particularly where there is no compelling new evidence to be considered. Clause 3 requires that prosecutors must also consider where there has been a previous investigation in relation to the alleged criminal conduct and no compelling new evidence has arisen. The public interest is in cases coming to a timely and final resolution.

In the responses to our public consultation, many service personnel expressed a lack of trust in prosecutors and others in the justice system. They were particularly concerned about whether prosecutors are able to understand the operational context in which the offence occurred and to adequately reflect this in determining the public interest. We fully accept that prosecutors may already take such matters into account. However, making that a statutory requirement provides greater certainty for service personnel that the unique context of overseas operations will be given particular and appropriate weight in the prosecutor’s deliberation.

By seeking to remove the benefit of the matters in clause 3 that tend towards reducing the culpability of a serviceperson and tend against prosecution, the amendments are designed to ensure that the prosecutor can also consider whether such matters increase the culpability of an individual and support a prosecution. The amendments undermine our reassurance to our service personnel that the operational context of an alleged offence will be taken into account, and in their favour, by the prosecutor. It would be a slap in the face for our armed forces personnel to suggest that the context of an overseas operation will be considered as a factor in support of their prosecution.

--- Later in debate ---

[Johnny Mercer]

The right hon. Gentleman can sit there and say no, this did not happen and that did not happen. The rest of us live in the factual world, where these things actually did happen. They destroyed some of our finest people, which is why we are introducing this legislation. I have heard a lot from the right hon. Gentleman, and the vast majority is not correct. I respect him immensely, but it is not correct. I will therefore push on at this stage.

Amendments 3 to 5 seek to add additional factors to clause 3. In the light of amendment 1, I can assume only that the intention is somehow to bring in factors that would be seen by the prosecutor to increase a serviceperson’s culpability and make a prosecution more likely. I have already set out my arguments as to why amendment 1 should be withdrawn. Furthermore, I do not believe that amendments 3 to 5 are appropriate or needed.

Amendment 3 is designed to

“ensure that a relevant prosecutor gives particular weight to maintaining public trust in the criminal justice system and upholding the principle of accountability of the Armed Forces.”

The independent prosecutor’s responsibility is to follow the principle set out in the code for crown prosecutors. That includes the principle that they will work

“to maintain public trust and to provide an efficient criminal justice system.”

The Bill does not place service personnel above the law or make them somehow less accountable. Allegations of offences must and will continue to be investigated. Where appropriate, a prosecutor can still make a decision to prosecute. On that basis, I do not believe that amendment 3 is warranted.

Amendment 4 is designed to

“ensure that particular weight is given by a prosecutor where the alleged conduct engages the UK’s obligations”

under articles 2, 3, 4 and 5 of the European convention on human rights. The prosecutor already has to apply the principles of the ECHR, in accordance with the Human Rights Act 1998, at each stage of the case, so amendment 4’s additional requirement would be totally unnecessary.

Amendment 5 is designed to

“ensure that particular weight is given by a relevant prosecutor where the person had command responsibility for the alleged conduct.”

I can assume only that the amendment is meant to address the concerns raised last week about the chain of command being held accountable as well as individuals, but it misses the point. A decision taken by a serviceperson to use force during an overseas operation is an individual decision for which they, and not their commanding officer, may then be held personally accountable if their decision is deemed to have been in breach of criminal law. The circumstances of an incident would determine whether the involvement of a commander in the activities of their subordinates also merited a criminal prosecution. Separately, it should be noted that under the Armed Forces Act 2006, commanding officers may be investigated and prosecuted, including at court martial, for non-criminal conduct offences in relation to serious allegations of wrongdoing by personnel under their command. Non-criminal conduct offences are not covered by the Overseas Operations Bill.

On the proposed amendments to schedule 1, the Government are committed to providing reassurance to service personnel and veterans in relation to the threat of prosecution for alleged offences on overseas operations more than five years ago. The measures in part 1 of the Bill are key to delivering that reassurance. The fact that we have only excluded sexual offences in schedule 1 does not mean that we will not continue to take other offences, such as war crimes and torture, extremely seriously.

The presumption against prosecution will allow the prosecutor to continue to take decisions to prosecute these offences, and the severity of the crime and the circumstances in which it was allegedly committed will always be factors in their considerations. On a case-by-case basis, a prosecutor can determine that a case against an individual in relation to war crimes, torture or genocide is “exceptional”, and that a prosecution is therefore appropriate, subject to the approval of the Attorney General or the Advocate General in Northern Ireland. The decision to exclude only sexual offences reflects the Government’s strong stated belief that the use of sexual violence or sexual exploitation during overseas operations is never acceptable in any circumstances.

We have not excluded other offences, including torture, because in the course of their duties on overseas operations, we expect our service personnel to undertake activities that are intrinsically violent in nature. These activities can expose service personnel to the possibility that their actions may result in allegations of torture war crimes. By contrast, although allegations of sexual offences can still arise, the activities that we expect our service personnel to undertake on operations cannot possibly include those of a sexual nature.

We do not therefore believe it is appropriate to afford personnel the additional protection of the presumption in relation to allegations of sexual offences after five years. I am aware that many people have misinterpreted this decision, and have suggested that it somehow undermines the UK’s continuing commitment to upholding international humanitarian and human rights law, including the UN convention against torture. That is completely untrue. The UK does not participate in, solicit, encourage or condone the use of torture for any purpose, and we remain committed to maintaining our leading role in the promotion and protection of human rights, democracy and the rule of law.

[Liz Twist]

Will the Minister give way?

[Johnny Mercer]

I will not, as I do not have time.

These amendments seek to ensure that all offences contained within the International Criminal Court Act 2001, as it applies in England, Wales, Northern Ireland and Scotland, should be excluded offences in schedule 1. Amendment 8 is consequential on amendments 6 and 7. These amendments would amount to such a comprehensive list of offences that they would considerably undermine the effectiveness and value of the measures in part 1 of the Bill. In doing so, they would prevent the Government from delivering on their commitment to provide reassurance to our service personnel and veterans in relation to the threat of prosecution for alleged historical offences, something that they so greatly deserve.

[Liz Twist]

Will the Minister give way on the issue of torture?

[Johnny Mercer]

I will not. Amendment 12 seeks to introduce a sunset clause where the Act will cease to have effect after five years unless the Secretary of State or Lord Chancellor lays before Parliament a report of an independent review confirming that the Act complies with the UK’s international obligations. I can assure the Committee that such a review is not required, as the measures in this Bill are consistent with our international legal obligations and do not undermine international humanitarian law as set out in the Geneva conventions.

[Liz Twist]

Will the Minister give way?

[Johnny Mercer]

I will not give way.

I therefore ask that these amendments be withdrawn.

Ordered, That the debate be now adjourned.—(Leo Docherty.)

Overseas Operations (Service Personnel and Veterans) Bill (Fifth sitting)

Liz Twist Excerpts

Committee stage & Committee Debate: 5th sitting: House of Commons
Wednesday 14th October 2020 Public Bill Committees

Division 2

Question accordingly negatived.

Ayes: 6

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Labour: 5
Scottish National Party: 1

Noes: 10

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Conservative: 10

[Liz Twist (Blaydon) (Lab)]

On a point of order, Mr Stringer. I would be grateful for your clarification on the next steps. I understood that that was taken as a group, but will we be moving now to the other amendments in the group and asking for them to be moved?

[The Chair]

The opportunity to debate the other amendments in this group has gone; that went when that debate finished. We can now, if hon. Members wish, vote on amendment 26, and then we will come to clause stand part. If I can help the hon. Lady, if I think—as I almost certainly will think—that the debate on clause 1 has not been exhausted, we can have a general debate on clause 1. However, the opportunity to debate amendment 26 went when we moved to the vote on the previous amendment. I will now ask whether you want to vote on amendment 26.

--- Later in debate ---

[The Chair]

It was clarified at the beginning. I cannot go back to that. That has been debated, although Members did not speak to it. If hon. Members wish to have a clause stand part debate, we can have that. You are absolutely right that we will vote later on new clauses, but the opportunity to debate them was then, when I read out the list.

[Liz Twist]

Further to that point of order, Mr Stringer. I do not wish to be difficult in any way, and of course I respect your ruling, but I think there was some misunderstanding at the start about exactly what we were doing. You certainly did say that we were taking these amendments, but I think we were expecting the sequence of people to be able to move them. I wonder whether there is any way that we can resolve that issue so that these amendments can be moved.

[The Chair]

I accept that there is a misunderstanding, but the statements were read out clearly from the Chair about what we were debating at the start. The opportunity to debate them was not taken. I cannot think of any way to debate them now. However, I will take the Clerk’s advice later and see whether there is a way.

Covid-19 Update

Liz Twist Excerpts

Monday 12th October 2020 Commons Chamber

[The Prime Minister]

My hon. Friend is absolutely right that it would be a wonderful thing if we could hyper- localise actions in the way that she suggests. Alas, the disease being what it is, we cannot reduce to too small a size the areas in which we place restrictions. The best thing that her constituents can do, and the best thing the whole country can do, to get through this as fast as possible is to follow the package of measures that we have set out. As I have said to Opposition Members, the best thing would be if cities and regions across the country came together and delivered the package that we have set out.

[Liz Twist (Blaydon) (Lab)]

Last week I asked the Secretary of State for Health whether he would fund local authorities in the north-east that have put forward a proposal for local test and trace services. He said in response:

“We put an extra £10 million into the local authorities in the north-east to support contact tracing”.—[Official Report, 5 October 2020; Vol. 681, c. 634.]

Today I am told in a telephone briefing that there is no money available. Which is it, Prime Minister? Can we fund the local authorities in the north-east to provide that effective test and tracing?

[The Prime Minister]

I think the hon. Lady may have missed what I said. We are putting up to another £1 billion into supporting local authorities and £500 million into supporting local test and trace and enforcement.

Overseas Operations (Service Personnel and Veterans) Bill (Third sitting)

Liz Twist Excerpts

Committee stage & Committee Debate: 3rd sitting: House of Commons
Thursday 8th October 2020 Public Bill Committees

[The Chair]

Thank you very much.

[Liz Twist (Blaydon) (Lab)]

I do not know whether I need to declare this, but I am a member of the British Legion.

[The Chair]

It is always best to put these things on the record.

Thank you, Mr Byrne, for joining us in person. Will you say who you are for the record, and who you are here on behalf of?

Charles Byrne: I am Charles Byrne, director general of the Royal British Legion.

--- Later in debate ---

[The Chair]

I am going to call Liz Twist, to speak from the microphone.

[Liz Twist]

Q How exactly does the Bill disadvantage troops compared to their civilian counterparts? What is the broader effect of that disadvantaging behaviour on the overall welfare and morale of service personnel, veterans and families?

Charles Byrne: The point we have been working around so far is that at the moment there is no time limit, even allowing for point of knowledge. This would introduce a time limit. That time limit does not apply more widely in other civilian cases, so we see that as a disadvantage. What impact might that have on morale? Good question. Would it possibly make those who get caught in this situation feel less valued? That would be my conclusion.

[Liz Twist]

Q The Bill requires additional weight to be given to the stresses of operations when deciding to prosecute. To what extent do you think service personnel are adequately trained to deal with these stresses?

Charles Byrne: I am glad you called that out, but I do not think I am in any way qualified or able to answer that question.

[Liz Twist]

Q Okay. Perhaps I could ask Cobseo to answer that question, then? Would you like me to repeat it?

General Sir John McColl: Could you repeat it?

[Liz Twist]

The Bill requires additional weight to be given to the stresses of operations when deciding to prosecute. To what extent do you think service personnel are adequately trained to deal with these stresses?

General Sir John McColl: My personal opinion on that is that the training that service personnel receive generally for conducting operations is absolutely first class. Indeed, that will reflect on their conduct on operations and that conduct will be affected by the role of the chain of command. I think they are well prepared. I am sure there are exceptions and that there will be difficulties, but in general terms that is what I would say. It is a question that you should really be asking of the serving chiefs within the Ministry of Defence, rather than a retired general, such as myself.

[Liz Twist]

Q Okay, thank you. From your experience, do you think training can be improved in any way to help with dealing with stresses?

General Sir John McColl: Training can always be improved, there is no doubt about that. After every operation there is always analysis of the training people go through to ensure that they are prepared for whatever they may have to deal with. I am sure that is the case. The area where training has particularly improved over recent years, but continually needs to be improved, is that of mental resilience. If I am being honest, that is something we did not pay significant attention to in previous decades. We need to do better in that particular area.

[Liz Twist]

Thank you very much to both witnesses.

[The Chair]

I think Mr Byrne wants to say something.

Charles Byrne: I think this is an area I probably need to be careful about. Echoing John’s comments from the personal perspective, I was with friends last night, one of whom is still serving with the Royal Marines. He spoke very passionately about how well their training goes and a new element of the programme, I think called Regain. It is taken very seriously and good work is being done to recognise and address the mental stresses, the mental health and mental strain.

[Liz Twist]

It is perhaps appropriate, with it being World Mental Health Day tomorrow, that we finish on that point. Thank you.

[The Chair]

I am going to call Peter Gibson on a supplementary and then I will come to you, Mr Anderson.

--- Later in debate ---

[The Chair]

And to confirm for the record, you are General Sir Nick Parker.

General Sir Nick Parker: Yes. Not to be muddled with Carter.

[Liz Twist]

Q General Parker, do you think this Bill is a proportionate and reasonable response to the Government’s stated problem of vexatious claims and lawfare?

General Sir Nick Parker: I start by echoing the previous witnesses. Malicious claims have to be taken very seriously, and I welcome everything that does that, but to answer your question, my concern is that the process risks the legitimacy of the armed forces, and I am not convinced that what is being done is the most effective way to deal with the challenge. It feels to me as if we are treating a symptom through this Bill, not going to the cause at the heart of the problem. I will elaborate very quickly on that, if you are happy.

As far as legitimacy is concerned, we deploy on operations, quite rightly answering to the highest possible standards. While I am not a legal expert—again, I am applying my operational experience to this—during the passage of the Bill, particularly part 1, there has been a weight of eminent legal opinion that I trust, including from people who were involved in the service legal issues before, who are concerned that one of the effects of the Bill will be to demonstrate in some way that the British are not operating under international legal norms. If that were the case, it would be extremely challenging both externally, if we are working in a coalition with other countries where our behaviours need to be consistent, and with the enemy. Most of the enemies I have faced do not follow international law, but it may well be that that is the case, and if we are seen to be prepared to operate outside the international norms, that risks calling us into question and adding another complex element to the decision making that the chain of command needs to take.

That is the legitimacy side. On the effectiveness side, it appears as if part 1 of the Bill focuses entirely on the process of prosecution, whereas for me the big issue here is the process of investigation and, critically in that process, ensuring that the chain of command is deeply connected with what goes on from the very outset. I do not think there is any serviceman or woman who would not accept that bad behaviour on the frontline must be treated quickly and efficiently. Nobody would want anything in the process that somehow allows people who have behaved badly on the frontline to get away with it. But all of us would believe that the process has to be quick, efficient and effective to remove the suspicion of a malicious allegation as quickly as possible. I cannot see how this Bill does that.

[Liz Twist]

Q You have talked about the importance of investigations being carried out properly. Could you explain a little more about that, please?

General Sir Nick Parker: In the complexity of the frontline, there is an enormous amount going on and it is very difficult to produce accurate, timely records of what is occurring. It may be that someone will stand up and contradict me, but when I served we had a thing called a battalion war diary, which was very nearly a mandraulic, hand-written process. We need to change our culture of record keeping on the frontline so that there are sophisticated ways of recording exactly what is going on, so that when somebody comes to look at an allegation of bad behaviour, they have good, accurate records that are endorsed by the people who gave the orders to those who have undertaken the act and they are also held accountable for what happened. That needs to be investigated not, in my view, by an RMP lance corporal who has been trained to do a whole load of important but relatively menial things, nor by an independent constable from Northumbria who has no idea of the activity on the frontline, but by a properly found investigative organisation that is a genuine independent part of the organisation and respected by both those on the frontline and those outside the armed forces as an effective body. That certainly did not exist when I was serving, and I think it would require resources to create it.

[Liz Twist]

Q You have talked about the chain of command. To what extent should the chain of command have responsibility for the actions of individual soldiers, for allegations of crimes that do not take place during the heat of battle?

General Sir Nick Parker: The chain of command is responsible for giving its orders to our people both before, during and after a battle. In all three circumstances there are levels of complexity. Clearly, in the heat of battle the complexity increases in some ways, but the pressures on individuals often increase quite significantly afterwards. The chain of command is the organisation that gives the orders and should be accountable for the collective action of those it is in charge of. When something occurs that is challenged by people, in the terms of a malicious claim, the chain of command should be the first port of call to present why what happened is or is not acceptable, because the chain of command has to own the responsibility of the actions of its people. The thing that I have found quite difficult—I have done a little bit of work with some people in Northern Ireland, which I know is not this case—is that it appears in law that the chain of command is not really considered a factor in all this, yet it is right at the heart of it.

[Liz Twist]

Q Do you think this Bill adequately addresses the responsibility of the chain of command who may have frustrated investigations?

General Sir Nick Parker: I am not suggesting that the chain of command frustrates investigations. I think that the lack of accurate, timely, well maintained information, recording what is occurring, means that there may be confusion. I think there are also probably instances where levels of the chain of command do not take sufficient responsibility for what their subordinates should do. A very brief example: in Afghanistan, the lack of force density in certain parts of the theatre may have meant that a significant level of force was used in order to protect our own people, because there were so few of them. The reality may be that there should have been more people allocated to the ground, in order to achieve the objectives that were being set. I think the responsibility for that sits quite high up in the chain of command, and there people need to understand their responsibility for the decisions they are making. I am not convinced that at each level of the chain of command we have yet created the right culture to support the effective dealing with things like malicious claims.

I would add that I think one of the key things that we have to do is to produce mechanisms that establish a really effective duty of care for those who are placed under the spotlight by malicious claims. Of course, if you deal with these things quickly, that will help, but anything that drags out, even for two or three years, puts individuals under massive pressure. If the chain of command does not have the ability to look after them, because it somehow distances itself from them, then we have got to address that as well.

[Liz Twist]

Q Do you think this Bill does address any of those issues that you have identified?

General Sir Nick Parker: No, I think it focuses too much on prosecution and putting checks in place to ensure that prosecutions are absolutely as fair as they need be, when the reality is that you need to go back down the pipe and deal with what is happening on the coalface.

[Liz Twist]

Q You have answered this in part, but the European convention on human rights requires effective investigations capable of leading to prosecutions for alleged violations of article 2 and 3 of the convention. In your view, what constitutes an effective investigation? Is there anything more you would like to say about that?

General Sir Nick Parker: Only that you must understand the challenge that exists in a complex operational environment. I am not suggesting some sort of panacea that will provide a perfect level of information, but we have to do much better at providing accurate, timely information, and having an independent, properly found investigating system, respected by all, that can then take that information, investigate it and come to as quick a conclusion as possible about the actions of the people who are being investigated.

[Liz Twist]

Q Do you think that if we had those more timely, more effective investigations, that would resolve some of the issues that this Bill is trying to address?

General Sir Nick Parker: Yes.

[Liz Twist]

Q Finally, the Chief of the Defence Staff and the Defence Secretary recently made a speech in which they said that the distinction between war and peace is no longer clear-cut. In your view, how well equipped is the Bill to deal with the complexities of grey zone warfare?

General Sir Nick Parker: We operate in grey zone warfare anyway, so I imagine that the Bill and everything being discussed has been generated in that environment. My point is not whether the Bill addresses that, but that it does not address the core, which is the investigation, in black, white, grey—wherever it is. The emphasis appears to be on prosecution. In reality, it should be on what is happening in the investigative process, whether it is grey zone or not.

[Sarah Atherton]

Q Hello General. To touch on one of Liz’s initial questions, please could you expand on your questioning of the legitimacy of the Bill and on why you think it works outside of international legal norms?

General Sir Nick Parker: I do not understand why sexual acts have been excluded, but not murder and torture. I do not understand why that distinction has been made and whether it undermines the fundamental credibility of the Bill. As I said at the beginning, I am not a legal expert, but I have been told by people whose views I respect that even putting in conditions for prosecution that separate your military from the normal process will be viewed with some suspicion by those who uphold international law more generally.

I have heard enough people whose views I respect telling me that they are concerned about the five-year time limit or time point; they are concerned about the exclusion of sexual offences; they are concerned about the triple lock and why it needs to be applied when our systems for prosecution are perfectly effective if the investigation is effectively carried out and properly presented. If that is the case, we will potentially be viewed by other countries as operating in a way that contravenes international norms.

Overseas Operations (Service Personnel and Veterans) Bill (Fourth sitting)

Liz Twist Excerpts

Committee stage & Committee Debate: 4th sitting: House of Commons
Thursday 8th October 2020 Public Bill Committees

[The Chair]

I call Liz Twist.

Judge Blackett: Can I add a rider to what I have just said? The Attorney General has to consent in a number of offences. As far as the court martial is concerned, the Attorney General has to consent to prosecuting any International Criminal Court Act 2001 offence—that is, genocide, crimes against humanity or war crimes. Under section 1A(3) of the Geneva Conventions Act 1957, he has to consent to prosecuting any grave breaches of that Act, and under section 61 of the Armed Forces Act 2006, he has to consent if a prosecution is to be brought outside of time limits. That is in relation to service personnel who have left and are no longer subject to that jurisdiction. A consent function is there in any event, and funnily enough, given that ICC Act offences and Geneva Conventions Act offences are covered by the Attorney General, a lot of this will have to go to the Attorney General anyway, without the Overseas Operations Bill.

My concern about the Attorney General’s consent is that it undermines the Director Service Prosecutions. If I were he, I would be most upset that I could not make a decision in these circumstances.

[Liz Twist (Blaydon) (Lab)]

Q I wanted to follow up on a couple of points. Ms Monaghan asked you about the exclusion of the issue of torture. Are you satisfied by the Government’s assurances that torture and other war crimes will always be prosecuted under this Bill?

Judge Blackett: I think all Governments would want torture and other war crimes to be prosecuted, and if they give that indication, it is not for me to say anything else. I am satisfied by that assurance, but on the face of the Bill, there is a chance that it would not be prosecuted. That is the point.

[Liz Twist]

Q So in your view, it is a weakness that it is not written on the face of the Bill. Would that be right?

Judge Blackett: Yes.

[Liz Twist]

Q Finally, would you agree that the definition of overseas operations contained in the Bill goes beyond its “on the battlefield” refrain, covering not just armed conflict but peacekeeping and overseas policing activities?

Judge Blackett: I would have to read the Bill again. It says in clause 1 what “overseas operations” means, doesn’t it? I cannot put my hand straight on it, but I am sure there is a section that describes what overseas operations are. Sorry, this is not really answering your question, but the eight cases that have come to court martial include ones that were not necessarily on the battlefield. The Breadbasket case, for instance, where soldiers were alleged—they were found guilty—to have abused civilians by stripping them naked, making them simulate sex, urinating on them, et cetera, was not on the battlefield, but it was in operations shortly after the war fighting. That does not answer the question, does it?

[Liz Twist]

Q Not really. Is there a concern about grey areas, would you say?

Judge Blackett: Yes. The way I read the Bill is that anybody on an operational tour in an operational area is covered, so the case I just described would be captured by this. That would be my interpretation.

[Liz Twist]

Q And that is not on the battlefield.

Judge Blackett: It does not talk about the battlefield; it talks about overseas operations. I went on a number of overseas operations in the Royal Navy, which were not a battlefield. It was never in the face of the enemy; I cannot say more than that. I would have considered myself on an operational tour when we were sailing round the West Indies, for instance, but I do not think that would be covered by the Bill. Any activity where there is effectively war fighting is what this Bill is about. That is my interpretation. It is not just about what is happening when you are firing bullets at each other; it is what is happening around it.

[Liz Twist]

Q It is in the wider sphere of operations.

Judge Blackett: Yes.

[Stuart Anderson]

Q I have a supplementary question, following Kevan Jones’s question about the five-year presumption against prosecution. We do not know what we are going to come up against next year. We could go into a conflict that lasts 20, 30 or 40 years. If this Bill was introduced in 1969—the start of the Northern Ireland conflict—would veterans who are in their 80s now be getting those knocks at the door, and would they be going through the same thing?

Judge Blackett: Yes, because they are being investigated.

Overseas Operations (Service Personnel and Veterans) Bill (Fourth sitting)

Liz Twist Excerpts

Thursday 8th October 2020 Public Bill Committees

[The Chair]

[Liz Twist (Blaydon) (Lab)]

[Liz Twist]

[Liz Twist]

[Liz Twist]

[Liz Twist]

[Liz Twist]

[Stuart Anderson]

Overseas Operations (Service Personnel and Veterans) Bill (Second sitting)

Liz Twist Excerpts

Committee stage & Committee Debate: 2nd sitting: House of Commons
Tuesday 6th October 2020 Public Bill Committees

[Sarah Atherton]

Q Are you concerned about the interface between the service justice system and, perhaps, the service complaints ombudsman and what role they could play—if you feel that the Bill could be improved?

Emma Norton: Hilary Meredith mentioned this morning that the ombudsman could have a role here. I think she was looking at whether some sort of compensation or ex gratia payment scheme could be made or some form of redress could be given to the soldiers subjected to this cycle of investigation. That was a really interesting idea. I know that, separately, the ombudsman is very under-resourced, so that would need a whole separate discussion as well.

The interplay with the service justice system is something you should ask the Judge Advocate General about when you speak to him later, because—obviously—he has huge amounts of experience of issues arising where somebody is not convicted of the main charge but is perhaps convicted of a lesser charge under the court martial.

[Liz Twist (Blaydon) (Lab)]

Q Mr Al-Nahhas, how aware are troops that they can privately claim for their injuries?

Ahmed Al-Nahhas: Good afternoon. I think it is a feature of military claims that service personnel are largely unaware of their legal rights to bring a civil claim. I often find in my own practice—many of our members have also reported this—that they will, in fact, be misinformed of their legal rights. This may be because there is confusion in their chain of command. Indeed, we have heard of many cases in which the chain of command will misinform them and say that they should wait until the end of their service before bringing a civil claim, which usually means that they are out of time by the time they bring a claim. In other cases there is confusion between civil claims and the armed forces compensation scheme, which is a separate, no-fault scheme, which has a much longer period of time in which to apply—normally seven years. In answer to your direct question, I think they are very unaware and, in fact, a lot of the time they are misinformed.

[Liz Twist]

Q I see that you are nodding, Emma. Is there anything that you would like to add?

Emma Norton: Just that that is entirely my experience as well. I have not advised people about overseas claims, but I advise them about claims arising in other respects, and that is a very, very common observation, yes.

[Liz Twist]

Q Returning to Mr Al-Nahhas, after what period of time will troops usually be aware of the fact that they can claim for injuries? You said that there is often a delay.

Ahmed Al-Nahhas: There is often a delay. In fact, I have dealt with many hundreds of inquiries, or at least many of the lawyers who APIL and I work with have dealt with many hundreds of inquiries, that are many, many years out of time. You will have calls from service personnel who have just finished their 22 years in service, and they will call up and inquire about the opportunity to bring a civil claim, and you have to tell them that actually they are about a decade out. So, it does vary, but more often than not they are quite a few years out of time.

[Liz Twist]

Q Could the Ministry of Defence do more to make troops aware of that route to compensation, in your view?

Ahmed Al-Nahhas: Absolutely—forgive me for interrupting you, but absolutely I think they could. In fact, at the moment I do not think that they do anything to inform service personnel of their rights to bring a civil claim. I am not suggesting that as an organisation they should be shouting from the rooftops and saying to service personnel, “You should really explore your opportunity to sue us”. However, I think that the Ministry of Defence has an obligation under the armed forces covenant to be fair to service personnel. They do provide them with information about the AFCS, but, as I said, there is a much longer period of time to claim under that scheme.

I think that we also need to bear it in mind that service personnel are quite unique legal creatures in a way. For example, they are not allowed, if we are comparing them to civilians, to join a trade union. So, if you were a civilian and you were injured, you might speak to your trade union and get some advice about what claims you might bring. They may even point you in the direction of a solicitor. That often does not happen with service personnel. So, yes, I think the MOD needs to address this and be fairer with service personnel about the information available to them.

[Liz Twist]

Q You mentioned the armed forces covenant. What do you think could be the impact of this Bill on the armed forces covenant?

Ahmed Al-Nahhas: I think that the Bill, as drafted, is potentially in danger of breaching the armed forces covenant, and I will explain why. As I mentioned earlier, service personnel are quite unique legal creatures. They do not actually have the same legal rights as civilians. So, just to take an example, service personnel have very limited rights to bring a claim in the employment tribunal, save for issues such as discrimination. However, if this Bill were to be passed, they would not—beyond the six-year longstop—be able to rely on section 33 of the Limitation Act 1980 in respect of civil claims. They would not be able to bring those claims, which may be worthy but are actually brought very late in the day, whereas civilians might have the opportunity to use section 33 of the 1980 Act.

Of course, the other aspect of the Bill is the stripping away of reliance on the European convention of human rights. So, in many senses, if this Bill were to pass, service personnel would have less civil rights and less human rights. By analogy, they will have less rights than a prisoner, so I do not see how that squares with the armed forces covenant. I am very concerned about that.

[Liz Twist]

Q You mentioned the time limits. Can I ask you about the difference between the point of knowledge, as written in the Bill, and the point of diagnosis, which is when the Government have referred to the six-year longstop as starting? How clear cut are the questions about those dates of knowledge and diagnosis in your view?

Ahmed Al-Nahhas: If I may, I will answer your question in two answers, because I think that there are two parts to it. The first is the difference between the date of knowledge and the date of diagnosis. The date of knowledge is the date when the courts will infer that a claimant realises that they have a significant injury and makes the connection between that injury and the person whose fault it was. The three-year time limit in civil claims starts from that date of knowledge. A date of diagnosis is a factor that may be taken into account when the court considers the date of knowledge. The court may assume that, if somebody is diagnosed with a condition and is told by a doctor what they have, that will move them a long way toward obtaining their date of knowledge. I think that there has been some confusion about that in some aspects of discussions.

Could I ask you to repeat the second part of your question, please?

[Liz Twist]

How clear cut are those questions about the date of knowledge and the date of diagnosis?

Ahmed Al-Nahhas: They are not clear cut at all. In fact, they are incredibly complex, because it is about the date of knowledge relating to a particular claim by that particular service person in their circumstances. The facts will change from case to case. You cannot prepare arguments for this sort of thing. You have to assess their merits on a case-by-case basis. They are very complex arguments, and they may well lead to satellite litigation within civil claims.

I wish not to take up too much time on this question, but I will just explain that normally in civil claims you issue a claim and it will proceed on the way. It will take a certain amount of time, evidence will be exchanged and you will end up in trial. When you have date-of-knowledge arguments or limitation arguments, it may well encourage the courts to order a split trial, or indeed the parties to apply for one, so that this issue of the deadline is determined first. That invariably leads to increased costs, in my experience.

[Liz Twist]

Q Following on from that, in the experience of your members, does the MOD contest evidence given by service personnel about the nature and timeframe of their injuries?

Ahmed Al-Nahhas: Invariably. The MOD has very robust lawyers who do a good job. Like any lawyer, they look to take advantage of the law and to act in their client’s best interests. I am certainly not suggesting that they are doing anything wrong by using these arguments. However, I have never had a case—never—in almost a decade of litigating exclusively against the Ministry of Defence in which limitation is an issue and the lawyers have not raised it or sought to take advantage of that argument in order to either strike out my client’s case or to negotiate a settlement downwards. My answer to your question is: invariably.

[Liz Twist]

Q In summary, how do you think the Bill will impact the number of personnel claiming privately for their injuries?

Ahmed Al-Nahhas: That is a difficult question to answer. I think it will definitely have an impact. I do not think that the impact statement that has been released really explores it fully, because it ignores a large proportion of civil claims brought against the Ministry of Defence, which may include elements of overseas operations.

If I can give you just a quick example, the impact study does not take into account noise-induced hearing loss claims. These are complex claims that may involve exposure to harmful noise at any point of the serviceperson’s service, and at different points of overseas operations in different countries. The impact study that has been released ignores all of those claims. In the last year alone, I think the figures released by the Ministry of Defence suggested that 1,810 claims relating to noise-induced hearing loss were brought against the MOD.

My answer to your question is that I think there will be an impact, but we do not know the extent of that impact, and that needs to be explored further.

[Liz Twist]

Thank you. I want to ask Ms Norton a few more detailed questions. Are you okay? You look as if you are suffering.

Emma Norton: I am okay. I am muting myself, but I am okay.

[Liz Twist]

Q Further to the questions that my colleague Emma Lewell-Buck asked you, what is the evidence that courts cannot strike out baseless legal claims?

Emma Norton: We are talking about civil claims. I am not aware of any evidence that the courts cannot do that. They do it all the time; it is a fairly standard part of civil law procedure. Civil procedure rule 3.4—I think—says that if a claim discloses no reasonable prospect of success, the defendant can apply for strike-out, and the strike-out can be given. There are some really good examples of that happening where the MOD has been the beneficiary. A good example was the second batch of the Kenya litigants’ claims, which were thrown out a few years ago now. Something like 40,000 claims were dismissed on the basis that they were too old and it would be unfair on the defendant, which was the Ministry of Defence, to defend the claims because it no longer had the evidence available to have any reasonable prospect of defending them. The courts are perfectly capable of striking out stale claims and they do it all the time.

I want to pick up on a couple of Ahmed’s points, which were excellent. The point about the Limitation Act is really important. The Limitation Act contains a range of different criteria that, in my opinion, are duplicated by the new criteria that are set down in the Bill. Section 33 of the Limitation Act enables the court to consider whether allowing the claim out of time is going to prejudice the defendant, in particular, or anybody else. It requires the court to have regard to all the circumstances of the case, which would include the fact that the claim arose from overseas operations, and all the difficulties and complexities of that environment. I think the courts have more than enough powers.

[Liz Twist]

Q Do the courts have an unfettered legal route into matters of combat decision making?

Emma Norton: No, they do not, and I respectfully disagree with the previous witnesses on that issue.

In the Smith case, which Dr Morgan cited, the Supreme Court made it very clear that the principle of combat immunity is absolutely sound. In that case, the Ministry of Defence was trying to expand combat immunity to cover a range of factors that the court said were never intended to be covered by that. It was just heat of battle, in theatre. The families of the deceased—remember, they were young soldiers who got into those Land Rovers, or other vehicles that had been procured, and suffered dreadful injuries and death—wanted to challenge the decisions made by individuals back here in Whitehall, behind a desk, to procure that equipment for use in Iraq. That was the decision that they wanted to challenge. All the court said was that combat immunity did not go that far. It has not been chipped away or reduced. So no, I do not agree with that.

[Liz Twist]

Q That picks up on my next question, which was about the principle of combat immunity. That is all my questions. Thank you very much.

[Stuart Anderson]

Q When we have listened to evidence today we have heard from veterans and from legal representatives like yourself. There is a disparity between veterans, who really want this Bill and say how let down they will be if it does not go through, and legal representatives, who say, “Stop.” As legal representatives are there to defend or to represent our troops, as you have done, where is that breakdown happening and why, Mr Al-Nahhas?

Ahmed Al-Nahhas: I am not going to comment on the criminal aspect, but from my perspective there is a need to protect service personnel from spurious criminal claims, which we are looking into. That brings forward a lot of people who want this Act in place. I am not sure whether that is the incentive behind part 2 of the Bill, which is the civil aspect.

I can share with you, as a representative of APIL, that many of our members have many hundreds of clients who are service personnel. I have been doing this for a long time. The people we act for come to us seriously injured and needing compensation. The tools that are available to us as lawyers are the civil claim route and the Human Rights Act. If you start taking those rights away from veterans and service personnel then you will be, in my view, doing them an injustice.

I do not envy you. I can see that this a fierce debate and there are different sides to the argument. I would caution that that should be a sign to all of us that there should be a pause to the Bill and further exploration. I wonder to what extent the confusion is caused by the fact that the Bill tries to do two things. It tries to resolve the issues in respect of criminal law and it also addresses civil issues, which are incredibly different. That is a cautionary word that I would pass to you.

Emma Norton: We heard some compelling and moving testimony this morning. I was particularly struck by the gentleman from the British Armed Forces Federation—in fact, both witnesses spoke about the fear in the veteran community about being dragged off to court and having knocks on the door at 3 o’clock in the morning. Both of them indicated that they felt that that fear was ill founded and based on misunderstandings of what is actually happening.

Looking at the number of prosecutions that have actually been brought, let alone the number of convictions, it is quite stark. It is a very small number, and it is not reflected in the level of fear and anxiety in the veteran community. I do not underestimate that, but I think the question becomes: what do we do to meet that fear and anxiety? How do we reduce it? We reduce it by being honest with them about the real extent of the problem and by addressing the causes of the problem, which were the failures, early in the day, which the Minister acknowledged—the early failures to investigate these allegations. Had that happened, the unfairly accused would have been exonerated years ago and the victims would have had justice as well.

That is my concern about the Bill: veterans think that they want it, and I understand that, but I am not entirely sure. Indeed, the previous witnesses all agreed that it does not address the issue of investigations—the Attorney General for Northern Ireland has said it does not address the issues of investigations.

Oral Answers to Questions

Liz Twist Excerpts

Wednesday 22nd July 2020 Commons Chamber

[Victoria Atkins [V]]

The perpetrators of hate crimes targeting south and east Asian communities, and others, in relation to covid-19 are being punished. We know from the Crown Prosecution Service that it has prosecuted a number of cases involving racist abuse on the basis of perceived Chinese ethnicity. But of course the Government are always willing to work with interested parties to ensure that we are stopping hate crime, and I would happy to meet the hon. Lady to do that.

[Liz Twist (Blaydon) (Lab)]

What assessment the Government have made of the effect of the covid-19 outbreak on the financial circumstances of women born in the 1950s. [R]

[The Parliamentary Under-Secretary of State for Work and Pensions (Mims Davies)]

The Government have introduced significant measures to help mitigate the financial impact of covid-19. We are committed to providing financial support for people when they need it throughout their lives, including when they are near to or reach retirement. The welfare system will continue to support men and women who are unable to work, on a low income, or under state pension age.

[Liz Twist]

Research by think-tank the Women’s Budget Group shows that women are at greater risk from the economic crisis caused by the covid-19 pandemic. The current crisis is pushing more and more women, including those born in the 1950s, into poverty. What practical steps will the Minister take to relieve the impact on 1950s-born women, who are already disadvantaged by the rise in the state pension age—and may I, Mr Speaker, declare an interest as a 1950s-born woman?

[Mims Davies]

The Government recognise the importance of supporting adults to effectively plan for the future. We do recognise that this is a challenging time for everyone, and we aim to support older workers, including women who may be out of work because of covid-19. Through the summer Budget, the Chancellor announced a number of initiatives that will support all claimants, including older women. The hon. Lady will be aware that there is a live Court of Appeal case as of yesterday, and I cannot comment further on this live litigation.

Oral Answers to Questions

Liz Twist Excerpts

Wednesday 15th July 2020 Commons Chamber

The Secretary of State was asked—

[Liz Twist (Blaydon) (Lab)]

What steps her Department is taking to prioritise climate justice in the allocation of official development assistance to developing countries recovering from the effect of the covid-19 pandemic.

[The Minister for the Middle East and North Africa (James Cleverly)]

Next year, the United Kingdom will proudly host COP26—a clear demonstration of the UK’s commitment to tackling climate change and our desire to secure global action. Development and diplomacy together will be integral to our work. We recognise that there are few global threats more serious than climate change, and its impact will hit the poorest and most vulnerable hardest. It is vital that we build back better from covid-19. We are prioritising activity that delivers clean, resilient, inclusive recovery, and the Government are committed to that task.

[Liz Twist]

One of the greatest achievements of our overseas development aid programme has been working towards improving the position of women, but biodiversity loss has laid extra burdens on women, who, for example, have to walk further for fresh food or water. What steps will the Minister take to mitigate biodiversity loss in developing countries and reduce the burden on women?

[James Cleverly]

The hon. Lady makes an incredibly important and accurate point. The fact that my noble Friend Lord Goldsmith is a Minister across the Department for Environment, Food and Rural Affairs, the Department for International Development and the Foreign and Commonwealth Office shows the integrated approach that this Government take. Our work on development, our diplomatic work and our work to protect biodiversity and the environment all work together to ensure that women and other people who are vulnerable are not hit harder by changes to our climate.