UK Parliament / Open data

Overseas Operations (Service Personnel and Veterans) Bill

I rise to support amendments 1 to 10 in particular. I thank my hon. and gallant Friend the Member for Barnsley Central (Dan Jarvis) for his eloquent argument for the amendments, and I thank the right hon. Member for Haltemprice and Howden (Mr Davis) for putting them forward. I am proud to have put my name to them.

I fear that the Bill fails to meet our obligations on human rights abroad, but it also fails to meet our obligations to service personnel when they return home. The UK should rightly aspire to be a global torch-bearer for human rights, and our military should be held to the highest professional standards. The triple lock and five-year limit on prosecutions in the Bill make a mockery of any claim that we might have respect for human rights and international law. Human rights do not change depending on the miles travelled or the borders crossed. They are universal and non-negotiable. From Hallam to Herat, we all have the right to live free from torture and war crimes. That is why I was appalled to read in the report of proceedings in Committee that Ministers had excluded torture because

“we expect our service personnel to undertake activities that are intrinsically violent in nature,”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 14 October 2020; c. 206-207.]

which may lead to “allegations of torture” or “war crimes”.

Torture is clearly defined in international law. It is never accidental. It is not a grey area. It is an intentional act of inflicting very serious and cruel suffering on another person. It cannot be justified with heat-of-the-moment arguments, and it is ridiculous to say that conventional military operations could be mistaken for torture. Alongside hundreds of constituents who have contacted me about the Bill, I completely oppose any suggestion that there are any circumstances in which torture might be excusable.

Not only are these proposals an affront to human rights, but they fail to support our veterans, the group the Government say they are defending. The largest number of civil claims made against the MOD are claims of negligence brought by former soldiers. The proposal for a six-year limit on lodging civil claims makes it harder for ex-military personnel to sue the MOD for failure in its duty of care to them. It means that troops who develop PTSD, blindness and other conditions will be left with no recourse to justice. Far from supporting veterans, the Government’s proposals are entirely self-serving.

We should reject any attempt to run down the clock on civil claims, and there can be no “get out of jail free” cards for torture or war crimes. There is no stopwatch on justice, and there are no exceptions—no ifs or buts—on torture or human rights. That is why I will join colleagues in supporting amendments 1 to 10 this evening and in voting against the Bill.

About this proceeding contribution

Reference

683 c247 

Session

2019-21

Chamber / Committee

House of Commons chamber
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