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Soldiers and Veterans: Protection from Prosecution

Volume 653: debated on Thursday 31 January 2019

The Government are unstinting in their admiration and gratitude for the work of the armed forces. We expect the highest standards of our service personnel, and the overwhelming majority meet those expectations, serving with great honour and distinction. The Government are taking very seriously the concerns that have been expressed by this House about investigations and prosecutions of veterans in historical operations. The Secretary of State for Defence, the Secretary of State for Northern Ireland and I are looking carefully at the measures available to us, and we shall be making announcements during the course of this year.

Does the Attorney General agree that we need urgently to derogate from the European convention on human rights? Apart from anything else, it is the right thing to do. It is also on page 41 of the Conservative party manifesto, and there is clearly overwhelming public support for protecting our soldiers and veterans from legal pursuit.

I can confirm that we shall give consideration to a derogation from the convention before future military operations commence. That will necessarily depend on the nature of the operation, and the circumstances and facts of the activities that we are contemplating, but it will now be a consideration that will be taken into account before any military operation.

The writ of the Attorney General runs large, but it does not extend to Northern Ireland in criminal matters, where he features as the Advocate General. Will he give a commitment today that any scheme that is brought forward to protect our service personnel extends to them, wherever they should live in this United Kingdom?

I can give the hon. Gentleman that confirmation. No area of the United Kingdom can be left out; plainly that would be wrong. As he knows, that does not mean that there may not be particular considerations peculiar to Northern Ireland that have to be taken into account, and I am in discussions with the Secretary of State for Northern Ireland about those considerations.

Is the Attorney General aware that servicemen of my age who served in Northern Ireland through the ’70s will be petrified about the fact that there is a letter about future prosecutions coming down the line, even though they were investigated decades ago? We need to move forwards so that this House decides whether our veterans are protected in the same way as it seems this House protects terrorists that were out there then.

As my right hon. Friend knows, I have the greatest respect for all those who have served in our armed forces. My own family were an armed forces family, and I am acutely anxious to resolve this question to the satisfaction of this House. The measures that we have in mind would not be peculiar to one area of the United Kingdom, would be comprehensive and, I hope, would give dignity, peace of mind and assurance to all those who have served in our armed forces. We are anxious to make announcements as soon as possible.