Key Facts

• The Human Rights Act 1998 covers all 47 states that have signed the European Convention on Human Rights.
• Winston Churchill championed the creation of the convention in 1950, influenced by issues arising from World War II.
• Article 2 of the convention relates to the right to life and is widely regarded as fundamental.
• The Bill is removing veterans and armed forces personnel from section 33 of the Limitation Act 1980.
• Article 2 protects the right to life, except in respect of deaths resulting from lawful acts of war.
• Article 3 prohibits torture.
• Article 4 prohibits slavery and forced labour.
• Article 7 guarantees no punishment without law.
• The last time the UK requested derogation was post-9/11 and during the troubles in Northern Ireland.
• A case involving the detention of suspected terrorists under section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984 was challenged as a breach of convention obligations.
• The Overseas Operations Bill includes provisions that require consideration of derogation from the ECHR for military operations.
• The Bill does not actually implement derogations but requires future Governments to consider them.
• There is a one-year limit on Human Rights Act cases, which Jones argues should be separated and covered by the six-year longstop under the Limitation Act 1980.
• Kevan Jones seeks to understand how clause 15 of the Bill will apply.
• He raises concerns about past cases related to Iraq and Afghanistan not being covered by the Bill.
• The MP is asking for clarity on which cases will fall within the Bill's scope.
• New Clause 3 aims to evaluate access to impartial and independent legal advice.
• New Clause 4 focuses on evaluating access to legal aid in criminal proceedings.
• New Clause 5 evaluates access to legal aid in civil proceedings.
• New Clause 9 compares access to justice for service personnel with that of asylum seekers and prisoners.
• The new clause requires establishing a duty of care standard for service personnel involved in investigations or litigation from overseas operations.
• The Secretary of State must lay a copy of the standard before Parliament within six months after receiving Royal Assent.
• Annual duty of care reports are to be prepared and laid before Parliament each year thereafter.
• Major Bob Campbell's testimony highlights lack of support from MOD during investigations.
• APIL representative argues that MOD needs to inform service personnel about their rights for civil claims.
• Hilary Meredith discusses conflict of interest in legal services provided by Army.
• Kevan Jones is speaking about new clause 9.
• The Bill focuses on foreign combat but misses other areas where service members can be injured or affected.
• Service personnel should be allowed to join trade unions and get independent legal redress like civilians.
• Examples include Dutch armed forces with staff associations and US Marine Corps with strong representation.
• Jones is not in favor of a trade union but supports a representative body.
• The Service Complaints Ombudsman's annual report highlights progress but identifies ongoing issues.
• IHAT investigation led to delays and lack of representation for accused personnel.
• New clause 9 would compare access to justice for service personnel with asylum seekers and prisoners within 12 months of the Act coming into force.
• The Armed Forces Act 2006 attempted to simplify the legal system but faces issues with time delays in disciplinary cases.
• Kevan Jones corrected Chris Evans' figure for veterans in prison due to mental health reasons from 4% to 5% to 3%.
• There is a misunderstanding that 25% of the prison population are veterans, which Kevan Jones describes as 'nonsense.'
• Early service leavers are identified as a significant group facing social exclusion and homelessness.
• Jones mentions the importance of rapid and effective investigations to relieve pressure on accused individuals.
• The MP references new clauses he proposed that are missing from the Bill, suggesting judicial oversight after a certain period.
• Jones notes that some recruits have low reading ages when joining the forces but highlights efforts by institutions like Darlington College at Catterick to improve literacy.
• The MOD provides full public funding for legal support and pastoral support for service personnel and veterans involved in criminal allegations from their duty.
• The legal aid scheme covers defendants and appellants in summary hearings, appeals against findings and sentences, and referrals to the Director of Service Prosecutions.
• It also applies to civilians subject to service discipline at the time of an alleged incident.
• The armed forces legal aid scheme is bespoke but based on the same principles as civilian criminal legal aid.
• Support is available for service personnel and veterans in military justice system cases, not in civil proceedings against the MOD due to conflict of interest.
• Law firms and the Royal British Legion may support cases with merit if they arise.
• New clause 9 is described as a probing amendment.
• Jones argues that prisoners will have more rights than veterans under the proposed legislation.
• The statement is made during the Public Bill Committee discussion on the Overseas Operations (Service Personnel and Veterans) Bill.