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Overseas Operations (Service Personnel and Veterans) Bill - Sitting 4 (Afternoon)
08 October 2020
Type
Public Bill Committee
At a Glance
Issue Summary
Lieutenant Colonel Chris Parker discusses the necessity of the Overseas Operations Bill and its potential impact on veterans. The statement discusses the concerns and feedback from veterans regarding the Overseas Operations Bill, focusing on duty of care and support during legal proceedings. The discussion revolves around concerns about the length and fairness of military investigations into service personnel's actions during overseas operations. The statement discusses the need for legal support and independent investigation for military personnel who face accusations or poor service treatment. The statement discusses concerns about the limitations imposed by the Overseas Operations Bill on veterans' legal rights. Judge Blackett discusses issues with the Overseas Operations Bill, focusing on limitations for minor cases, judicial oversight of investigations, legal aid funding criteria, and raising the bar for reinvestigations. Judge Blackett discusses concerns about the Overseas Operations (Service Personnel and Veterans) Bill, particularly regarding the presumption against prosecution and Attorney General consent. Judge Blackett discusses the process of amending the Armed Forces Act to address issues related to servicemen convicted in court martial for causing death by dangerous driving. Judge Blackett is discussing his views on the Overseas Operations Bill and its implications for service personnel. The statement discusses concerns about Clause 3 of the Overseas Operations Bill and its implications for military justice. Judge Blackett discusses the Overseas Operations Bill and its implications for service personnel. Graham Stringer thanks Judge Blackett for valuable evidence and concludes the oral evidence sessions, announcing the next meeting to begin line-by-line consideration of the Bill.
Action Requested
The legislation aims to remove pain and misery for service personnel by limiting legal investigations, thus enabling quicker decision-making in high-stress situations. However, there is a concern about the six-year time limit affecting cases related to mental health issues which can emerge much later.
Key Facts
- Lieutenant Colonel Chris Parker is the chairman of the Princess of Wales’s Royal Regiment Association.
- The legislation aims to address repeat investigations that have caused pain and misery for individuals and their families over several years.
- There are concerns about a six-year limitation on human rights claims affecting PTSD cases which can emerge up to 28 years after an event.
- The association has approximately 5,000 members who are Iraq and Afghanistan veterans.
- There are a total of around 20,000 veterans including those from World War II.
- Veterans' initial reaction to the Bill was very positive as it addressed perceived injustices.
- Concerns exist about potential mental duress if the Bill is stopped, especially considering current environmental factors like COVID-19 isolation.
- Major Campbell’s case is mentioned as an example of prolonged investigations.
- Some people were affected by the Danny Boy incident in al-Amarah for eight or nine years.
- There are concerns about the International Criminal Court potentially prosecuting individuals if proper investigations do not take place.
- The speaker notes that soldiers generally prefer British justice to non-British legal actions.
- Legal assistance is limited for those being investigated compared to what might be available in civilian life.
- Lieutenant Colonel Parker supports the idea of an independent body for investigation.
- The ombudsman can only look backwards and cannot provide real-time support to individuals facing accusations or poor service treatment.
- Soldiers and families in Princess of Wales’s Royal Regiment were heavily distressed during vexatious investigations.
- The Bill would impose a six-year limit on section 33 of the Limitation Act 1980.
- Veterans fear they could face restrictions in bringing civil claims outside these time limits.
- Judge Jeff Blackett, former Judge Advocate General, is providing evidence to the Committee.
- Judge Blackett issued a practice memorandum that was later challenged by the Ministry of Defence.
- The Army Prosecuting Authority followed Judge Blackett's practice memorandum after Danny Boy cases but did not proceed with common assaults.
- IHAT (Iraq Historic Allegations Team) and Northmoor were set up and funded by the British Government.
- Judge Blackett suggests raising the bar for reinvestigation.
- Judge Blackett had eight trials involving overseas operations, with 27 defendants and 10 convictions.
- There were 3,400 allegations in IHAT and 675 in Northmoor, most of which did not lead to prosecutions.
- The International Criminal Court could intervene if the UK is deemed unable or unwilling to prosecute cases.
- Section 127 of the Magistrates’ Courts Act would require legislation for certain changes.
- The process of amending the Armed Forces Act takes a long time and involves consultations with various stakeholders.
- Judge Blackett has been in his position for sixteen years.
- Not a single case out of the 3,400 cases at IHAT has been prosecuted.
- Judge Blackett believes that quicker investigations are needed rather than focusing on prosecution alone.
- Judge Blackett did not support the exclusion of sexual offences from the Bill.
- He is concerned about the six-year time limit on civil claims in part 2 of the Bill.
- The meeting with Minister Johnny Mercer occurred approximately a month ago before Second Reading.
- Clause 3 of the Overseas Operations Bill addresses exceptional demands after five years.
- The statement raises concerns about the service justice system being perceived as protecting individuals from wrongdoing.
- There is a risk that the Bill could lead to more judicial reviews and potential litigation.
- The Attorney General has to consent to prosecuting certain offences under International Criminal Court Act 2001, Geneva Conventions Act 1957, and Armed Forces Act 2006.
- Judge Blackett is concerned that the Bill may undermine the Director Service Prosecutions' authority.
- The definition of overseas operations in the Bill includes activities beyond the battlefield, such as peacekeeping and policing.
- Judge Blackett provided valuable evidence regarding investigations and complementarity issues.
- The Committee has concluded its oral evidence sessions.
- The next meeting is scheduled for Wednesday at 9:25 am.
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