Overseas operations bill concludes parliamentary stages

Members discussed a proposed compromise on torture and genocide offences, and the government's duty of care to service personnel involved in investigations.

After the debate, the Commons reasons and amendments were agreed to.

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• Overseas Operations (Service Personnel and Veterans) Bill
• Explore the Lords Library briefing
• What is consideration of Commons amendments/ping pong?

As both Houses have agreed on the text of the bill it now awaits the final stage of Royal Assent. It will then become an Act of Parliament (law).

Royal Assent is expected to take place on Thursday 29 April.

Consideration of Commons amendments: Monday 26 April

Members discussed investigations of allegations and a proposed compromise on torture and genocide offences, and asked the government to think again on its duty of care to service personnel involved in investigations.

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• Lords division (vote) result
• What is consideration of Commons amendments/ping pong?

Duty of care 

Motion E1 requires the government to set up and update duty of care standards in relation to legal, pastoral and mental health support provided to service personnel involved in investigations.

Members voted 312 in favour and 243 against, so the change was made.

Ping pong continues and the bill returns to the House of Commons to consider.

Third reading: Monday 19 April

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• What is third reading?

No changes to the wording of the bill were suggested ahead of third reading.

Members discussed the progress of the bill through the House at its conclusion of Lords stages.

Following completion of third reading, the bill passed to the Commons for consideration of Lords amendments.

Report stage: Tuesday 13 April

Members discussed subjects including the ability to conduct fair trials and access to legal aid, and voted for changes relating to presumption against prosecution, investigations into allegations, time limits for court proceedings and duty of care standards for service personnel.

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• Lords divisions (votes) results
• What is report stage?

There were four divisions (votes) on proposed amendments (changes) to the bill.

Presumption against prosecution

The first vote was on amendement 3, which ensures that presumption against prosecution does not apply to war crimes, crimes against humanity, genocide or torture.

Members voted 333 in favour and 228 against, so the change was made.

Investigation into allegations

The second vote was on amendment 6, which inserts a new clause into the bill to ensure that a prosecutor takes into account whether an investigation into criminal allegations has been timely and comprehensively conducted.

Members voted 308 in favour and 249 against, so the change was made.

Time limit restrictions

The third vote was on amendment 13, which inserts a new clause into the bill to ensure the time limit restrictions for court proceedings do not apply to actions brought against the Crown by serving or former service personnel.

Members voted 300 in favour and 225 against, so the change was made.

Duty of care

The final vote was amendment 14, which requires the Ministry of Defence to enact a new duty of care standard in relation to the legal, pastoral and mental health support provided to service personnel involved in investigations.

Members voted 303 in favour and 223 against, so the change was made.

Lords committee stage day two: Thursday 11 March

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Members discussed a range of topics, including the court’s discretion to extend time in certain Human Rights Act proceedings, claims arising out of overseas operations and access to legal aid for service personnel.

Committee stage day one: Tuesday 9 March

Members discussed a range of topics, including extending presumption against prosecution from five years to ten, the ability to conduct fair trials and the quality and duration of relevant investigations.

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Second reading: Wednesday 20 January

Members discussed a range of issues highlighted by the bill, including the rules-based international order and the UK's commitment to the Geneva conventions, military operations in Northern Ireland and the exclusion of sexual offences from presumptions against prosecution.

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• What is second reading?

Baroness Goldie (Conservative), Minister of State in the Ministry of Defence, opened the debate and responded on behalf of the government.

Speakers included a co-chair of the International Bar Association's Human Rights Institute and former heads of the British Army, Royal Navy and the Royal Air Force.

Overseas Operations (Service Personnel and Veterans) Bill

This bills aims to establish new restrictions on bringing proceedings against current and former members of the armed forces, including:

• presumption against prosecutions after five years
• consideration of the conditions members of the armed forces are under during overseas operations. 

The bill will also:

• introduce time limits on some civil claims and claims made under the Human Rights Act
• require the Secretary of State to consider derogating from the European Convention on Human Rights regarding future overseas operations.

Image: Crown Copyright