Overseas Operations (Service Personnel and Veterans) Bill — House of Commons, 2021-04-21
Topic: Law and Crime
Leo Docherty (Conservative, Centre-right): Thank you very much, Mr Deputy Speaker. I thank colleagues from across the House this afternoon for their considered contributions. I have listened with humility and interest, and I deeply appreciate the constructive tone from the shadow Secretary of State, the right hon. Member for Wentworth and Dearne (John Healey), and colleagues on both sides of the House A number of colleagues expressed concern about the list of excluded crimes, including the shadow Secretary of State, my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), the hon. Member for Glasgow North West (Carol Monaghan), my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright), the hon. Member for Barnsley Central (Dan Jarvis), my right hon. Friend the Member for Beckenham (Bob Stewart), my hon. Friend the Member for Gravesham (Adam Holloway), the hon. Members for Sheffield, Hallam (Olivia Blake) and for Swansea West (Geraint Davies), and the right hon. Member for North Durham (Mr Jones) Let me make it clear that the presumption against prosecution created by part 1 does not prevent investigations or prosecutions for any category of crimes. It creates a higher threshold for prosecution, not a bar. It therefore does not prevent the UK from investigating crimes of any nature, whether they are in or out of the list of excluded offences in schedule 1. I have listened with sympathy to the concerns of many hon. Members that failing to expand the list of excluded offences makes UK service personnel more likely to face prosecution by the International Criminal Court, but it does not. Cases are only admissible to the ICC when a state is unwilling or unable to investigate or prosecute, so the presumption against prosecution created in part 1 does not prevent investigation, and cases can still be prosecuted. We will therefore not be considered by the ICC to be unwilling or unable to investigate and prosecute war crimes Several Members expressed concern about the duty of care, including the hon. Members for Belfast East (Gavin Robinson), for South Shields (Mrs Lewell-Buck), for Caithness, Sutherland and Easter Ross (Jamie Stone), and for Upper Bann (Carla Lockhart). The Ministry of Defence takes very seriously its duty of care for service personnel and veterans, for whom there already exists a comprehensive range of legal, pastoral, welfare and mental health support, details of which can be found, as I have mentioned, in the Secretary of State’s written ministerial statement of 13 April. The Lords amendment carries a risk of unintended consequences, including a possible increase in litigation, which would be contrary to the Bill’s objectives. I can reassure the House that the MOD and the Office of Veterans’ Affairs work closely across all Government Departments and the devolved Administrations, and with charities, to ensure that the welfare needs of our service personnel and veterans are met. We have come a long way on the welfare provisions for veterans and our service personnel, but we will continue to work tirelessly to ensure that we get this absolutely right This is without the scope of the Bill, but I feel obliged to reiterate my earlier comments about our approach to Northern Ireland veterans. In response to inquiries from the hon. Members for Strangford (Jim Shannon) and for Upper Bann, my right hon. Friend the Member for Beckenham and others, I can confirm that I expect, with confidence, legislation very soon from the Northern Ireland Office, and I look forward to keeping hon. Members updated in that regard I hope that I have been able to provide additional clarity and reassurance on the many issues that have been covered this afternoon. I hope that the House will agree to the Government amendments in lieu of Lords amendment 1, and disagree to Lords amendment 2, 4 and 5. I hope that the whole House agrees that the Bill will deliver an important step forward in the commitment of the Prime Minister and the Government to give our finest defence asset—our people—and our veteran community the protection they so richly deserve. I commend it to the House.