Veterans Minister Defends Overseas Operations Bill Amid 'Absurd' Torture Claims

Veterans Minister Johnny Mercer has defended legislation the Ministry of Defence (MOD) says will protect personnel and veterans from repeated investigations, amid claims it would break international laws.

The Human Rights Joint Committee has called ministers and staff from the department to question them on their plans.

Last week, the panel heard from witnesses with legal and operational expertise who believe the Overseas Operations Bill would be illegal, denying victims justice, and in contravention of international human rights laws.

Speaking to the committee today, Veterans Minister Johnny Mercer strongly denied that introducing time limits on torture claims breaches United Nations conventions.

"If someone turns up to this department with evidence of torture, then we will investigate it and we will hand over cases to prosecutors, irrespective of time passed should those three very clear bars be met," Mr Mercer said.

"Simply, all it's doing is introducing a degree of rigour and integrity to the evidential process.

"This idea, you know, I've heard some pretty wild things on this bill, and I realise this is politics and people have to say what they have to say.

"The reality that anyone in this department, least of all me, would legislate to allow torture by our Armed Forces is just absurd."

The MOD says the bill is about protecting Armed Forces personnel, rather than barring or stopping prosecutions.

However, Joanna Cherry from the Scottish National Party (SNP) believes it is, in effect, creating a new special class of defendants – an unprecedented occurrence in English or Scottish law.

Ms Cherry questioned why claims connected with serious crimes, such as genocide and murder, are having time limits placed on them, but not sexual offences.

"You’ve excluded sexual offences but not genocide. Do you consider that genocide is a legitimate tool of war? It's a very simple question," she said.

Mr Mercer replied: "Do I accept genocide is a legitimate part of war? Of course, it’s not."

Ms Cherry continued: "OK, well why isn’t it an offence in terms of the bill? Why have you excluded it?"

Mr Mercer said: "Because we've made a very clear policy direction to deal with the exclusion of sexual offences for the very reasons that I have outlined to you.”

The bill has some way to go before being enshrined in law.

After having been voted through the Commons, it is now being scrutinised at the committee stage.

Johnny Mercer said he is willing to hear suggestions on how to ensure it covers all the necessary bases, so there may well be some amendments coming.

What is the Overseas Operations Bill?

One of the legislation's key aims is to limit false and historical allegations against service personnel and veterans in relation to operations overseas.

It would make it exceptional for serving personnel and veterans to be prosecuted five years or more after an incident that took place during overseas operations.

Approved by MPs in Parliament, the bill is now being scrutinised at the committee stage.

It was introduced in March, following an unprecedented number of legal claims arising from operations in Afghanistan and Iraq.

A total of almost 1,000 compensation claims were made against the Ministry of Defence (MOD) for unlawful detention, injury and death.

A further 1,400 judicial review claims seeking investigations and compensation for human rights violations were also made against the MOD.

Around 70% of the allegations that were received by the independent Iraq Historic Allegations Team were dismissed as there was no case to answer.

Read more about the bill here.

Cover image: Royal Navy.