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Proceeding contribution from Lord Luke (Conservative) in the House of Lords on Thursday, 12 October 2006. It occurred during Committee of the Whole House (HL) and Debate on bill on Armed Forces Bill.


Armed Forces Bill

We all sympathise with the descendants of the soldiers who were executed during the First World War for various disciplinary offences. However, there are certain considerations which, as an historian, I believe should be taken into account. I also want to ask the Minister some questions, to which I shall come in due course. In his letter to me of 27 September, the Minister wrote: "““The amendment will not overturn the original convictions, but it will provide that the persons executed are taken to be pardoned so that the dishonour and stigma are removed””." Surely it is the offence which dishonours someone and confers stigma, not the sentence for that offence. Of the 3,000-odd offences where the sentence of death was passed, no fewer than 2,700 were commuted. Many of those soldiers served considerable terms of imprisonment instead. They are not included, apparently, in this pardon. Surely it is completely illogical to pardon those soldiers who committed the most serious offences, which the relevant authority refused to commute, and at the same time not pardon the offences which were obviously considered to be less heinous, thus leading to those sentences being commuted. What about the descendants of the 2,700? Indeed, what about the hundreds of thousands of soldiers who died with their faces to the enemy and their descendants? If this amendment is passed, does it confer a legal pardon for the offences of the executed 300? From the perspective of military discipline, surely it must be wrong to go back and impose modern values and sensitivities on a proper system which was operative 90 years ago; that is, between three and four generations ago. Does that not set a precedent that could come back and haunt us? I notice that the question of compensation is not dealt with in the amendment. Is the Minister quite sure that this does not lay the Government open to claims for compensation at a later stage? Only 1 per cent of those tried for a capital military offence in World War I were subsequently executed, and as few as 10 per cent of those sentenced to death were actually executed. As the Minister has mentioned, in 1998, Dr Reid conducted deep research into a third of the cases we are considering today. He concluded that there should be no blanket pardon because it was impossible to distinguish those who had deliberately let down their country and comrades from those who were not guilty of desertion or cowardice. What has happened with regard to evidence since 1998? Surely, in considering whether a group of people should be pardoned, there ought to be sufficient evidence in each case. As has been admitted, that is most clearly lacking here. There is a myth that these executions were indiscriminately carried out pour encourager les autres. The facts, as far as we know them, rather suggest that great consideration was given to whether sentences of execution should be commuted. The fact that nine-tenths of those sentenced to death escaped with lesser sentences also suggests that compassion was shown where appropriate and as often as possible. I fear that this is a political gesture to help people to feel more comfortable about the past. In 1916—or 1914 or 1918—different customs, different standards and different morals were the norm. The principle of rewriting history must be totally wrong. As Wordsworth wrote some 150 to 200 years ago, "““For old, unhappy far-off things, And battles long ago””."


Secondary information

Type
Proceeding contribution
Reference
685 c420-1 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Complaints Disciplinary proceedings Children Compensation Armed forces Death Convictions Aircraft Courts martial Desertion Coroners Employment Equality Drugs Harassment Judges International law Qualifications Powers Membership Prosecutions Misuse Staff Officers Prerogative of mercy Miscarriages of justice Military law Military aircraft Sentencing Young people Reserve forces Testing Rules of procedure World War I Time limits Trial in camera
Legislation
Armed Forces Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk