I am happy to agree with the hon. Gentleman, with whom I was happy to share that trip. He is right. The efficient and speedy implementation of the procedures is essential, and the military policeman in whatever service has an important role to play. I was anxious to ensure that the commanding officer was kept in the loop.
I seek clarification on another aspect. The House will recall that there was a furore over the case of Trooper Williams, whose commanding officer dismissed a serious charge against him after taking legal advice, because some in the Army thought their"““failure to offer Williams for prosecution””"
would become a cause celebre for pressure groups and the media. Consequently, the Attorney-General assumed responsibility for the case and subjected Williams to a trial through the civil courts. Williams was acquitted, but it was widely held that a soldier should never again be put through that ordeal.
In the debate in the other place on these matters, the Attorney-General stated on 11 October:"““When the Director of Service Prosecutions considers a case and decides not to proceed with it . . . he will have the power to give a direction which would, in effect, bar any further service or civilian prosecution for the same offence.””"
I am concerned to ensure that once that happens, that is closure and the civilian authorities will not be able to reopen the case as they did with Trooper Williams.
However, a few moments later in the debate, the Attorney-General said:"““So far as concerns action overseas, active service and operational circumstances, I have said . . . that I envisage that a civilian prosecution will take place only in exceptional circumstances. I have not said. . .that such a case will never be brought within the civilian system.””—[Official Report, House of Lords, 11 October 2006; Vol. 685, c. 318-19]"
There seems to be a contradiction. If the Minister is able to clear it up, I should be grateful. I am grateful to the Government for accepting this valuable and important amendment.
Armed Forces Bill
Proceeding contribution from
Gerald Howarth
(Conservative)
in the House of Commons on Tuesday, 7 November 2006.
It occurred during Debate on bills on Armed Forces Bill.
About this proceeding contribution
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2005-06Chamber / Committee
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