Overseas Operations (Service Personnel and Veterans) Bill — House of Commons, 2021-04-21
Topic: Defense
Daniel Owen Jarvis (Labour, Centre-left): It is a privilege to follow the right hon. and learned Member for Kenilworth and Southam (Jeremy Wright). I begin by declaring an interest as a British Army veteran. I also want to take the opportunity to congratulate the Minister on his appointment and welcome him to his important new post I rise to speak in a virtual sense in support of Lords amendment 1, which aims to remove torture, genocide, crimes against humanity and war crimes from the scope of the Bill. For the record, and I am grateful to the shadow Secretary of State for referencing it, the Lords amendment builds on the amendment that the right hon. Member for Haltemprice and Howden (Mr Davis) and I tabled on Report in November. That amendment was roundly defeated by the Government I was genuinely relieved to read the comments coming out of the MOD yesterday stating that torture, genocide and crimes against humanity would join sexual offences in being excluded from the Bill. I recognise that the Government disagree with Lords amendment 1 and have tabled a suite of amendments in lieu. The Government’s alternative is not perfect, but it is a welcome concession for several reasons, not least because last month, the Government published their long-awaited integrated review, which under a section entitled, "Our force for good agenda", states that the UK will ensure that the principles and values on which our legal system is built "remain a global standard." It would have proved difficult, if not impossible, to square the ambition of those words with the original version of the Bill. It is worth reflecting on how we arrived at this point The relevant offences aspect of the Bill generated near-universal opposition—not quite to the level that we have seen with the European super league over the past 48 hours, but considerable opposition none the less. The amendment passed last week was moved by someone who had served as both Secretary of State for Defence and Secretary-General of NATO, and it was supported by an impressive cohort, several of whom have lifelong ties to defence and security. The group included no fewer than six former Chiefs of the Defence Staff, who between them have contributed more than 200 years of service. Supporters also included a former Chief of the General Staff and a First Sea Lord, a former director general of MI5 and a former national security adviser. We have also seen a former Commander, Land Forces and a Judge Advocate General publicly condemn this element of the Bill, as have the Joint Committee on Human Rights, the UN High Commissioner for Human Rights and, perhaps most concerningly, the chief prosecutor of the International Criminal Court, who warned that cases involving British troops might have been brought before the ICC. We should pause and consider what that might have meant. This is something I have been deeply worried about, and it has been raised on numerous occasions since the Bill was published. We are a proud signatory to the Rome statute, and Ministers should never risk our troops being dragged before the ICC alongside dictators and tyrants I know the strength of feeling and high regard that all Members of this House have for those who serve in our armed forces and, sadly, we are all too familiar with stories of our service personnel being hounded for years. No one is denying that there is a problem, and lives have undoubtedly been ruined as a result. I have said consistently throughout the Bill’s passage that we must address the deficiencies of the investigative process and provide those under investigation with our full support. To conclude, Lords amendment 1 is the international standard. The Government’s counter falls short of that. For instance, torture is excluded, which is a welcome move, but mutilation and inhuman treatment are not. As a reminder, the ICC has warned that the exemption clause should extend to all crimes within the jurisdiction of the court, meaning that the possibility of British troops finding themselves before the court has not completely disappeared. While I still do not believe that the Bill will achieve its stated aim, I am pleased and relieved that concessions have been made. However, I urge Minsters to accept Lords amendment 1 in full, because we can never use deeply regrettable instances of failure to renege on our commitment to the rule of law.