My Lords, I am a member of the Joint Committee on Human Rights, which recently produced a report on the Bill and the whole issue. I hope this will be helpful later, in Committee and on Report. I acknowledge that many Members of this House who have spoken have enormous senior military or ministerial experience in defence. I cannot claim to emulate that, but I will mention one thing. A few years ago, I was invited by the MoD to join a delegation to visit Afghanistan; we went to Camp Bastion and Kandahar. Although I spent only a few days there, it was a totally revealing, fascinating and helpful experience. I came away with an even greater respect for our Armed Forces than I had at the outset. They dealt with very adverse conditions; their morale, friendship and positive attitudes were pretty good. At that time, there were some concerns about the quality of the Army’s equipment, and I asked them about that. Very loyally, they would not bite and did not want to comment at all about whether their equipment was up to standard. My respect for the Armed Forces was enhanced enormously, and they deserve a bit better than this Bill.
I will look at two considerations in particular. First, what does the Bill do for the reputation of the Armed Forces? Not all that much. Secondly, what does it do for our international reputation? The international reputation of this country is at stake and I fear that, as drafted, the Bill will lead to damage to how we are seen abroad. The House has already heard many mentions of the possible problem of members of the Armed Forces being brought before the International Criminal Court. The Bill makes that much more likely.
The JCHR learnt that MoD investigations were frequently prolonged and that there were repeat investigations. This is quite unacceptable, because there was no sense of finality for the soldiers charged; it put them in an impossible position. It was generally agreed that MoD investigations had not been adequate. This is not addressed in the Bill, but I understand that the Government have agreed to look at it. This is really urgent because it is disgraceful that our Armed Forces have to put up with this type of threat when it is simply the inefficiency of the investigation system that is putting them in this difficulty.
I do not like the five-year period for presumption against prosecution. If the MoD Service Prosecuting Authority is satisfied by the evidence, why is there a need for a further limit? Surely what is in the public interest must be the test, not an arbitrary time limit. Initially, this was going to be 10 years, but the Government reduced it to five. I wonder why.
My most fierce anxiety, which has been reflected in many of this afternoon’s speeches, is that the presumption against prosecution does not exempt torture, war crimes, crimes against humanity and genocide. The presumption must surely be amended so that it does not apply to
these. This is the most disgraceful part of the Bill and, judging by the debate so far, it is reasonable to predict that this House will reject it. Let us hope that it does, because it is a slur on this country, and the Armed Forces, that we have to protect them in this way when the likelihood of any of them being subject to this provision is very small, and that is my concern.
The JCHR report says that
“the introduction of a presumption against prosecution may mean that members of the British Armed Forces are at risk of being prosecuted either in another State or before the International Criminal Court. This is a real risk if it is considered that this presumption (combined with the existing concerns about the inadequacy of MoD investigations) leads other States or the ICC to conclude that the UK is unwilling or unable to investigate and prosecute for war crimes.”
We have heard quite a lot about the need for powers to strike out vexatious claims. They are utterly reprehensible but, fortunately, very rare. In any case, the MoD Service Prosecuting Authority has the power to strike down such claims, as I am sure it has done and will always do.
Finally, I appreciate what my noble friend Lord Hain said about Northern Ireland. We will have some tough debates about it in the future. He certainly set down some clear indications of how many of us will wish to debate that issue.
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