My Lords, in general I welcome this Bill, insofar as it seeks to provide fair protection to our armed personnel who served overseas from vexatious and repeated investigations long after they have served. Whether it actually does this is open to question, and many believe that it promises more than it can deliver—but we shall surely examine that in our debate.
In this Bill, the threshold for prosecution of current and former personnel is raised for alleged offences committed on operations outside the British Isles more than five years ago. I join with the Minister in paying tribute to the bravery of our serving personnel and the burden their families carry when they are on duty.
For those of us from Northern Ireland, our genuine concern is not so much what is in the Bill but what is not in it. Missing from this Bill is equal protection for those brave service men and women who served in Northern Ireland, facing a vicious and evil onslaught from the IRA. Government Ministers in the other place have pledged to progress the principle of equal treatment, but their actions to date have certainly not matched the spirit of their promises.
In March 2020, the Secretary of State for Northern Ireland, Brandon Lewis, made this Statement to coincide with the introduction of the overseas operations Bill:
“Today the Government announced the introduction of legislation to provide greater certainty for service personnel and veterans who serve in armed conflicts overseas. Alongside this, we are setting out how we propose to address the legacy of the past in Northern Ireland in a way that focuses on reconciliation, delivers for victims, and ends the cycle of reinvestigations into the Troubles in Northern Ireland that has failed victims and veterans alike—ensuring equal treatment of Northern Ireland veterans and those who served overseas.”—[Official Report, Commons, 18/3/20; col. 168WS.]
During debate on this Bill in the other place, Parliamentary Under-Secretary of State Johnny Mercer said:
“We are very clear that we will not leave Northern Ireland veterans behind. The commitment of equal treatment in any Northern Ireland Bill that comes forward will be absolutely adhered to. This Government will not resile from their commitments to those individuals. We recognise, value and cherish the service and sacrifice of everyone who served in those operations.”—[Official Report, Commons, 23/9/20; col. 1022.]
We are told that Northern Ireland’s absence from the Bill is largely down to differences in the legal framework in which soldiers in Northern Ireland operated compared to those operating outside UK jurisdiction. However, this can often be misconstrued. It is vital that noble Lords recognise the valiant service and sacrifice of those who fought to keep peace for so many years in Northern Ireland, bring stability and protect democracy in our Province. I suggest that this is no different from those who defend our interests abroad. Our nation entered into a covenant with members of our Armed Forces; it ought to apply equally in scope and content to all personnel, regardless of where they serve. The progression of this Bill without legislation granting the same protection to our Northern Ireland veterans is wholly unacceptable.
My colleagues and I have often stressed that we do not support an amnesty or any equivalence of our soldiers with paramilitaries. That is why we cannot support the Government’s insistence on the need to separate Northern Ireland legacy issues from the overseas operations Bill. This serves only to differentiate or set apart the service of men and women in Northern Ireland from the sacrifice of our Armed Forces elsewhere, which could be considered discrediting to their contribution.
Let me be clear: I do not support an amnesty for soldiers who have committed criminal acts, but I am deeply concerned about the practice of veterans in their senior years being arrested and brought to Northern
Ireland to respond to allegations which have already been investigated, often on multiple occasions, and for which no new compelling evidence is provided. In my humble opinion, that is persecution of our veterans. It is an intolerable burden to place on those veterans who ought to be enjoying, in their later years, the appreciation we give to their sterling service.
I have listened and will listen carefully to other noble Lords as they point out weaknesses and flaws in this Bill. I will certainly give them genuine consideration. I hope that, together, we can take forward legislation that is worthy of our support.
3.23 pm