Overseas Operations (Service Personnel and Veterans) Bill — House of Commons, 2021-04-21
Topic: Mixed Topics
Richard James Shannon (Democratic Unionist Party, Right): It is a pleasure to be called in this debate First, I want to take the opportunity to acknowledge the birthday of the head of our armed forces, Her Majesty the Queen. When I put on the Ulster Defence Regiment uniform in Operation Banner, it was done to serve Queen and country, and I still honour her today, on the Floor of the House. Our thoughts and prayers remain with Her Majesty and the royal family on this very, very difficult milestone day This issue is difficult and complex. The obligation to fulfil our duty under article 2 of the ECHR is vital. Among the chatter I have heard, there seems to be confusion between a legal investigation following appropriate procedures and an investigation that gives what the family feel to be the right result or justice. This Bill is not designed to be the answer to every death involving a member of the armed forces; it is designed to ensure that the killing was unlawful and is still able to be prosecuted. At the same time, it protects against the sustained, erroneous and vexatious prosecution of service personnel such as those who served in Iraq, Afghanistan or Northern Ireland As DUP spokesperson on human rights, I welcome the Government changes to the provisions regarding torture as suggested in Lords amendment 1 to clauses 6 and 7. The Government’s acceptance of this in their own proposals is welcome, as is clarification as to why war crimes have continued to be exempted. I look to the Minister for some clarity on that. I have further questions on Lords amendment 4 regarding the ability of service personnel to make a claim against Government. I have been struck by the Royal British Legion’s reasoning in the briefing sent to me. The shadow Minister mentioned this, as did many others. We are all aware of new clause 13, "Restrictions on time limits: actions brought against the Crown by service personnel". That amends part 2 of the Bill so that it explicitly excludes actions brought against the Crown by serving or former service personnel from the limitations on courts’ discretion that the part imposes in respect of actions relating to overseas operations. It could therefore potentially go some way to addressing the issues raised by the Royal British Legion, other external experts and members of both Houses in relation to the impact of part 2. Again, I seek clarity on this My next point will be of no surprise to anyone in this Chamber—equivalence of service personnel. For those who currently serve or who have served in the past, we have, as is the title of Lords amendment 5, a "duty of care to service personnel". My hon. Friends the Members for Belfast East (Gavin Robinson) and for Upper Bann (Carla Lockhart) both mentioned this. It is really important for those of us who have served in the armed forces and those who represent Northern Ireland in particular. It is so simple and yet so effective, and unfortunately patently untrue. There is a duty of care to service personnel, unless of course they were called to serve in Northern Ireland At this stage, I wish to personally thank the former Minister for Veterans and Defence People, the hon. Member for Plymouth, Moor View (Johnny Mercer), for his honourable actions, his passion and his commitment in the job that he had, and also for the help that he gave some of my constituents personally. I would not want to embarrass him by saying it here in the Chamber, but he really did reach out to some of my constituents in a very, very personal way. I really appreciate that and I want to put it on record We have today not parallel legislation where we are working through the kinks, but nothing for those brave personnel who served in Northern Ireland. I asked the Minister earlier about the legislation in respect of protection for Northern Ireland. I do not want to embarrass him but I am going to tell him what I saw as I was sitting here just before I was called. Tracey Magee says: "NIO source tells me there are no plans to bring forward legislation in the Queens Speech on NI veterans ‘at this stage’." To be fair to the Minister, who I respect greatly and have affection for, if that is the case, then we really have to address this issue. If it is not in this Queen’s Speech, then when will it be? If he does not mind, I am going to hold his feet to the fire on this one and say that we really need to have a commitment on legislative time and a timescale to work towards. I have no doubt whatsoever that he is committed to this, but we need to have the involvement of Government and the Northern Ireland Office and to see it the Queen’s Speech. We need to be reassured. If there is a legislative programme, then we need it to be confirmed today and to be told what it is. That is breaking news in the past few minutes No matter how the republican agenda seeks to rewrite history to make it appear that there is no difference between a terrorist whose every action is a crime, and whose causing of loss of life can only be murder, and a serving member of the armed forces who may cause loss of life while legally carrying out duties, let me be quite clear: they are not the same. Legislation needs to be in place to ensure that that is not the case There is much in the Bill that is right and proper, but I find it harder and harder to understand and support those who persist in belittling and traducing the Unionist people of Northern Ireland. The passing of the Bill will not be complete, and will not have the full assurance and confidence of everyone in this great United Kingdom of Great Britain and Northern Ireland, unless those who served in Northern Ireland have very same rights—every soldier who served, every family who grieved. Across this great United Kingdom of Great Britain and Northern Ireland, every MP no doubt has in their constituency families of those who served and died as a result of their service in Northern Ireland. For them, for the MPs in Northern Ireland, for my party and for the people of the Province, we want to be assured that legislative change will come in the House from this Government and that it will be forthcoming soonest. We want to hear about it right away.