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Armed Forces Bill

moved Amendment No. 177A: After Clause 354, insert the following new clause- ““PARDONS FOR SERVICEMEN EXECUTED FOR DISCIPLINARY OFFENCES: RECOGNITION AS VICTIMS OF FIRST WORLD WAR (1) This section applies in relation to any person who was executed for a relevant offence committed during the period beginning with 4 August 1914 and ending with 11 November 1918. (2) Each such person is to be taken to be pardoned under this section in respect of the relevant offence (or relevant offences) for which he was executed. (3) In this section ““relevant offence”” means any of the following- (a) an offence under any of the following provisions of the Army Act 1881 (c. 58)- (i) section 4(2) (casting away arms etc); (ii) section 4(7) (cowardice); (iii) section 6(1)(b) (leaving post etc without orders); (iv) section 6(1)(k) (sentinel sleeping etc on post or leaving post); (v) section 7 (mutiny and sedition); (vi) section 8(1) (striking etc superior officer); (vii) section 9(1) (disobedience in defiance of authority); (viii) section 12(1) (desertion or attempt etc to desert); (b) an offence under any of the following provisions of the Indian Army Act 1911 (Indian Act, No. 8 of 1911)- (i) section 25(b) (casting away arms, cowardice, etc); (ii) section 25(g) (sentry sleeping on post or quitting post); (iii) section 25(i) (quitting guard etc); (iv) section 27 (mutiny, disobedience, etc); (v) section 29 (desertion or attempt to desert). (4) This section does not- (a) affect any conviction or sentence; (b) give rise to any right, entitlement or liability; or (c) affect the prerogative of mercy. (5) Any reference in this section to a provision of the Army Act 1881 (c. 58) includes a reference to that provision as applied by any enactment, wherever enacted.”” The noble Lord said: As I reported to the House on 14 June during Second Reading, the Secretary of State decided to re-examine the issue of pardons for World War 1 soldiers. The outcome of that review was subsequently announced by the Government on 16 August, when we said that we intended to seek parliamentary approval for a statutory form of pardon for servicemen executed for a range of disciplinary offences during the First World War. The purpose of the amendment is to provide for that. The Government are very much aware of the considerable feeling in this country and abroad for the British and Commonwealth servicemen who were executed in the tragic and horrific circumstances of the First World War. A great deal of consideration has been given over the years to the best way in which to address that issue. Pardons under the Royal prerogative were considered as part of the review of the subject initiated in 1997 by Dr John Reid, then Armed Forces Minister. The review concluded that few, if any, of the cases would succeed if the standard test for prerogative pardons was applied. An important factor leading to that conclusion was the sparseness and unevenness of the surviving evidence across the group of cases. Noble Lords expressed their strong concerns about the matter most clearly to me when we debated it in this House on 9 January. As I undertook to do at the time, I reflected those concerns to my right honourable friend the then Secretary of State for Defence. Having reviewed the situation again, we believe that we should now act to remove the dishonour that still taints the memory of those servicemen who suffered execution and is still felt all too heavily by their families today. It is time to recognise that execution was not a fate that they deserved but one that resulted from the form of discipline believed to be necessary at the time for the prosecution of the war. We believe that this can be achieved by the clause. In speaking to the amendment, I stress that the Government do not intend to call into question the actions of officers who were responsible for discipline. The commanders at that time were themselves faced with extremely difficult and unpleasant duties that none of us would envy. The clause does not stand as a judgment of the way in which they did their duty. The amendment avoids the difficulties that would be posed by assessing individual cases. It does not seek to rewrite history by quashing convictions or sentences. Its aim is to lift the stigma that has been attached to these executions for so long, affecting the lives of the servicemen’s families for many decades. This will be the moral effect of the measure if passed by Parliament. The amendment provides that all servicemen executed for certain offences, such as desertion and cowardice, committed between 4 August 1914 and 11 November 1918 shall be taken to be pardoned. The names of those affected are not listed in the clause because our records are insufficiently comprehensive to be able to do this. However, if the amendment is passed, we plan to place a formal record of the pardon alongside the relevant court-martial files, where we hold them. This will be visible to anyone viewing those files in the future, and it will be an important measure in helping to restore the memory of these men. I understand the concerns of the House that we announced our decision to seek a statutory pardon during the recess, but I assure noble Lords that we made the announcement at the earliest possible opportunity following our review of policy so that we could commence the necessary consultation and drafting for an amendment to be included in the Bill. I am sure noble Lords will agree that, having reached a decision, and given the age of some of those campaigning for pardons, the Government should not have delayed on this matter until another opportunity arose in the legislative timetable. For the same reason, we also intend the amendment to take effect on Royal Assent. The subject of pardons is emotive, and the public feel very strongly about it. There is also considerable interest in the matter in the House. It seems appropriate, in this year that saw the 90th anniversary of the Battle of the Somme, which claimed so many victims, that we should take this opportunity to recognise other victims of the First World War. On a particularly poignant note, the 90th anniversary of the execution of Private Harry Farr falls on 18 October, less than a week from now. I have read Private Farr’s file, and anyone who has done so cannot fail to be moved by it. I am glad that we have had an opportunity to revisit this matter and to find a solution. Private Farr’s family have been at the forefront of the campaign for pardons, and I take this opportunity to pay tribute to the important role that they have played. I also pay tribute to my noble friend Lord Dubs for his interest in and support for this cause, and I hope that we will be able to have his support for our amendment. It is also right that I use this opportunity to thank the noble Lord, Lord Campbell of Alloway, who supports the amendment. I trust that all noble Lords will be able to support this important amendment, which I believe will bring closure to all families who have had to live with the stigma of these executions since the First World War. Noble Lords will be aware from an open letter from some of those families that they welcome this move to restore their men’s reputations. I beg to move.