Overseas Operations (Service Personnel and Veterans) Bill 2019-2021: Lords amendments

The purpose of the Overseas Operations (Service Personnel and Veterans) Bill is to protect service personnel and veterans from legal action relating to overseas operations. It would raise the threshold for bringing prosecutions, including introducing a presumption against prosecution after five years for alleged offences committed during overseas operations; it would create a hard time limit for civil and Human Rights Act claims; and it would require the Government to consider derogating from the European Convention on Human Rights (ECHR) in relation to significant overseas operations.

The Bill was unamended in its initial stages in the Commons but was subsequently amended in the House of Lords. The Commons considered those Lords amendments (Bill 189) on 21 April 2021.

The Bill was considered again in the House of Lords on 26 April 2021. A period of ‘ping pong’ will now commence with the Commons considering the Bill (HCB293) again on 27 April 2021.

For further background and commentary on the Bill’s provisions see Library Briefing Papers:

Overseas Operations (Service Personnel and Veterans) Bill 2019-21

 Has anything changed in the Overseas Operations Bill?: Committee Stage Report

Summary of Amendments

 Lords consideration – 26 April 2021

• The Lords accepted the Commons amendments in lieu of amendment 1. However, Lord Robertson of Port Ellen tabled a further amendment (A1) which would also place war crimes in Schedule 1 of the Bill. The Government indicated that it would not oppose this amendment but that it would table its own amendment in lieu for consideration in the Commons on 27 April.

• The Lords disagreed with the Commons rejection of amendment 5 relating to a statutory duty of care standard. Lord Dannatt tabled a revised amendment (E1) which passed on division and will now be considered in the Commons.

Commons consideration – 21 April 2021

• The Commons disagreed with Lords amendment 1 but proposed an amendment in lieu which would place crimes against humanity, genocide and torture within Schedule 1 of the Bill, and therefore not subject to the presumption against prosecution after five years. The Government’s amendment did not include war crimes in Schedule 1.

• The Commons accepted the amendment removing clause 12 (derogation) from the Bill.

• The Commons disagreed with the remaining Lords amendments relating to investigations, civil claims and a duty of care standard.

Lords amendments

A number of amendments were made to the Bill at Report stage in the House of Lords, including:

• Providing that the presumption against prosecution does not apply to war crimes, crimes against humanity, genocide or torture

• Imposing additional requirements on investigators and prosecutors when determining whether to commence or continue with investigations into allegations relating to overseas operations

• Removing clause 12 from the Bill, which would impose a duty on the Government to consider derogating from the European Convention on Human Rights in relation to significant overseas operations

• Excluding claims brought by current and former service personnel from the application of Part 2 of the Bill, which would impose hard time limits on civil and Human Rights Act claims relating to overseas operations

• Introducing a new duty of care standard in relation to legal, pastoral and mental health support to service personnel involved in investigations or litigation arising from overseas operations