Armed Forces Bill — House of Commons, 2015-10-15
Topic: Law and Crime
Michael Fallon (Conservative, Centre-right): Only the most serious cases would involve that kind of immunity—perhaps the Minister will provide my hon. Friend with more examples of what such cases might be when he winds up the debate. These are cases where the evidence from a witness or defendant could be crucial, but where fears about self-incrimination stop someone coming forward and providing essential information In the civilian criminal justice system prosecutors such as the Director of Public Prosecutions have statutory powers to offer immunity and restrictions on the use of evidence, but the director of service prosecutions in the service justice system does not. That damages their ability to prosecute the most serious cases, because it may be necessary to rely on evidence from individuals who may not be willing to come forward and give evidence without conditional immunity, or an undertaking that that information will not be used against them. These clauses closely follow those in the Serious Organised Crime and Police Act 2005 that apply to the civilian criminal justice system I assure my hon. Friend that as in the civilian criminal justice system, the intention is for immunity and undertakings not to use information to be offered only in the most serious circumstances for those who are found, after proper investigation, to have fallen short of the high standards that we set. Clause 13 brings the Armed Forces Act 2006 back into force in the Isle of Man and British overseas territories except for Gibraltar. Under United Kingdom law, the 2006 Act has always applied to members of the armed forces, wherever in the world they are operating, and that will remain the case. That means that a member of the armed forces commits an offence under UK law if they do something in another jurisdiction which, had they done it in England or Wales, would have been a criminal offence In addition, the 2006 Act originally formed part of the law of the Isle of Man and the British overseas territories. However, the Act expired in those jurisdictions in 2011. Clause 13 and the schedule to the Bill revive the Act in those jurisdictions so that, as it currently has effect in the UK, it will also be in force there. That ensures that things that members of the armed forces might do under the 2006 Act in those jurisdictions, such as the exercise of service police powers of arrest or search, would be lawful there not only as a matter of UK law but as a matter of the local law. It also ensures that the civilian authorities within those jurisdictions can do things under the 2006 Act which they might not otherwise have powers to do under the local law, such as the arrest of a person suspected of a service offence under a warrant issued by a judge advocate An exception is being made for Gibraltar. This is because we are currently consulting the Government of Gibraltar on how best to extend the provisions of the 2006 Act—and, therefore, of the Bill—to that territory Clauses 14 and 15 relate to Ministry of Defence firefighters. The Defence Fire Risk Management Organisation has more than 2,000 personnel operating over 70 fire stations. Yet those firefighters currently have no specific emergency powers to act to prevent or deal with fires to protect life or preserve property. That could lead to a situation where firefighters entering a property to put out the flames might have to defend themselves against charges of breaking and entering, or where restraining family members from returning to a burning building might leave them open to a charge of assault Fire and rescue services at some MOD sites are currently provided by a contractor. They, too, should be able to deal with an emergency in the same way as MOD firefighters. Clauses 14 and 15 address this issue by giving defence firefighters the same powers to act in emergencies as employees of a civilian fire and rescue authority In conclusion, the Bill is an important act in continuing the authority of the armed forces. It makes modest but relevant upgrades to the existing system for the armed forces of command, discipline and justice. The world-class reputation that our armed forces enjoy is underpinned by many factors, one of which is that system of command, discipline and justice. We need to make sure that that system continues to be fit for the modern age. I commend the Bill to the House.