Veterans and Soldiers: Statute of Limitations — House of Commons, 2018-06-25
Topic: Defense
Mark Lancaster (Conservative, Centre-right): I start by congratulating my hon. Friend the Member for Aldershot (Leo Docherty) on securing the debate. That these issues were last debated just a month ago in Westminster Hall demonstrates Parliament’s commitment to supporting members of our armed forces, both serving and retired. The idea of a statute of limitations has recently drawn support from many in this place. My right hon. Friend the Member for Newbury (Richard Benyon) has published a ten-minute rule Bill to provide for exactly that. Having been in the Chamber on that Friday when his Bill was before the House, may I recognise and pay tribute to the quiet and dignified protest of so many veterans out on Parliament Square? It would be wrong not to acknowledge that. Equally, I say to my right hon. Friend that while on that occasion—unfortunately, due to parliamentary constraints—we were unable to reach his Bill, I understand exactly why he chose, for technical reasons, to withdraw it to ensure that we can have a debate on it in due course So that there is clarity about what is meant by a statute of limitations in this context, let me set out briefly the key features of my right hon. Friend’s Bill—the Armed Forces (Statute of Limitations) Bill. The Bill would introduce a 10-year cut-off point after which prosecutions of members of the armed forces for the offences of murder, manslaughter or culpable homicide could not be brought. The cut-off point, or limitation period, would apply in circumstances in which the person suspected of the offence had been, at the time it was allegedly committed, engaged in armed conflict or in peacekeeping overseas. It would also apply if the alleged offence took place in the UK, providing that a previous investigation into the events in question had already taken place This debate is also timely because, as we have heard, last week the Defence Committee announced a new inquiry into just these issues. It is worth highlighting, because they are key in this debate, the questions that the Committee is seeking to address: "What are the reasons for investigations into former service personnel?.. What difficulties do the UK’s international legal obligations pose for any attempt at protecting service personnel Can a Statute of Limitations, extended to all previous conflicts, be designed in such a way as to be consistent with these obligations What should be the cut-off date for the Statute of Limitations?" These are very important questions. Aside from the question of whether a criminal limitation period is desirable in principle, those who support the idea must also engage with the complex practical reality of the legal framework within which our armed forces operate. That point was made by my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) The Defence Committee heard evidence in its earlier inquiry that suggested that, in respect of Northern Ireland, any statute of limitations would need to apply to terrorist offences as well as to the armed forces if it were to be lawful under the European convention on human rights. The legal issues to be overcome by a more wide-ranging statute of limitations are more complex still. For example, what offences should be covered? How might it affect the possibility of investigations by the International Criminal Court? How might it be constructed in a way that is compatible with our obligations under the Geneva conventions and the ECHR? If it were to apply to service personnel operating in the UK, what activities would be covered? Should there be any exceptions to the limitation period, such as where new evidence becomes available after the cut-off point? I am really pleased that the Defence Committee will be looking at each of these issues—and more—in depth. The Government look forward to the Committee’s conclusions in due course, and I am confident that this will be a very valuable contribution to the debate The principal concerns that the idea of a statute of limitations seeks to address relate to historical investigations taking place in Northern Ireland, as well as to those in Iraq and Afghanistan. I would like to say something briefly about each of those issues. First, let me turn to Northern Ireland. It is only due to the courageous efforts of our security forces that we have the relative peace and stability that Northern Ireland enjoys today. This Government are sincere and unstinting in their gratitude to all those who served throughout the long years of the troubles, many hundreds of whom paid a very high price for doing so The Government understand the concerns that people have about the way in which the legacy matters are currently dealt with. Historical investigations in Northern Ireland currently include numerous inquests and investigations into the small minority of deaths attributable to the state. Meanwhile, many terrorist murders go uninvestigated. All those involved—not least the victims and survivors of terrorism, along with former members of the security services—deserve a better approach than the current flawed system, which is not working well for anyone. The Government are committed to putting this right The Government propose that the institutions set out in the 2014 Stormont House agreement are the best way to ensure a fair, balanced and proportionate approach to addressing the legacy of the past in Northern Ireland. That is why the Northern Ireland Office is consulting on the detail of how the Stormont House agreement institutions could be implemented. The institution most relevant to today’s debate is the Historical Investigations Unit. The HIU would be responsible for completing outstanding investigations into troubles-related deaths within five years. That would include about 700 deaths caused by terrorists that are not currently being investigated. In addition, the HIU would be required to act in a manner that is fair, impartial, proportionate, and designed to secure the confidence of the public As we have heard, last year the Select Committee on Defence looked at Northern Ireland in particular and recommended the creation of a statute of limitations covering all troubles-related deaths involving the armed forces, alongside a non-criminal mechanism for ascertaining the facts surrounding those deaths. While the Committee’s report demonstrated that there was support for alternative ways of looking at the legacy of the past in Northern Ireland, we must acknowledge—this is my understanding —that none of the Northern Ireland parties felt this was an approach that they could consider.