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Armed Forces Bill

I am extremely grateful for the sensitivity shown by all Members of the Committee who have spoken and for the thought which has clearly gone into what they have said. This has been the most moving debate in which I have had the honour to participate in this House. A number of specific questions have been raised and I shall cover them briefly. On the issue of compensation, I stress that this measure is aimed specifically to address those who suffered the ultimate penalty. These cases stand out for the stigma attached to them and thus to their families. The clause states clearly that this pardon creates no new right to compensation. This matter has never been about money, and it would not be right to consider it after this length of time. The noble Lord, Lord Luke, asked whether this is a legal pardon. It is clearly not a traditional prerogative pardon. Unlike a prerogative pardon, this measure does not quash convictions or lift sentences. It is a statutory measure whose aim is to lift the stigma. We call it a pardon because, although it is not the same as a traditional prerogative pardon, it achieves the effect of lifting the stigma. By way of comparison, the sole legal consequence of a free pardon under the prerogative is to lift the penalty. It would not remove the conviction. Where campaigners have sought free pardons in the past the moral significance has far outweighed the practical legal effect, which would be redundant when a man has already been executed. The noble Lord also asked about pardoning other offences. The offences listed in the new clause are those associated with the stresses of war. We do not believe that other offences such as murder, or offences associated with treachery, such as assisting the enemy, should be included. There are no plans to extend the pardon to other campaigns, as this pardon relates to the particular circumstances of the First World War. The noble Lord, Lord Luke, referred to his role as an historian, and raised the point about us rewriting history. We are not aiming to rewrite history. We cannot change what happened in the past. We are aiming to address the memory of the men who were executed and the feelings of the surviving families by finally removing the stigma. I stress again that we are not calling into question the original trial processes or the judgments of individual officers. I listened very carefully to the noble Lord, Lord Astor of Hever. It is very important for us to recognise the pressures and stresses that the men who had to take these very difficult decisions were under. He mentioned his grandfather who had to lead our army in that terrible war. I stress again that the amendment does not call into question the action of the officers who were responsible for discipline. Without their actions we would not have won that war. The noble Lord, Lord Tebbit, asked why pardon them when some of them may have been guilty? He raises an important point, and I am grateful to him for describing the nature of what the amendment is aiming to achieve in the very difficult circumstances of the imperfect records that we have. It is very difficult to make distinctions between individual cases. As a result of the Blitz in 1940, we lost a lot of the records that would have helped to make these distinctions. We need to recognise the pragmatic reality of the data that we have. None the less, we hope that by lifting the stigma in all cases, we may do more justice—it is a balance—than by doing nothing at all. The noble and gallant Lord, Lord Craig, raised his disappointment at our doing this as part of the Armed Forces Bill. I recognise his concern, but having reached the conclusion with regard to this policy and recognising the age of the families concerned—I stress that our primary objective relates to our thoughts for the families—we believed that it was more important to do something as quickly as we could. The Bill provides us with the opportunity to do that. As I said in my opening speech, it enables us to do it at a time that we feel is particularly poignant for the families concerned. I have to say, too, as the Minister bringing the Bill to the House, it is appropriate that in a Bill that aims to provide for the Armed Forces a structure for the future, it is at the same time resolving what is probably the most difficult issue of the past. This is a wonderful opportunity to do that, which we should take. I disagree strongly with the noble Lord, Lord Ashdown, although he expressed his concerns eloquently. I fundamentally believe, as he said, that if something is human and good, it must be wise to do it. The question of the future, which has been raised, is one that we have taken seriously. We have spoken to the commanders of our Armed Forces today. I spoke a few days ago to the current Chief of the General Staff about this matter, and he raised no concerns relating to current morale. I really do not believe that in passing this amendment we would cause any concerns to the current morale of our Armed Forces. The suggestion that this is a political gesture is unfair. In the short time I have been in this House, I have been subject to some considerable grilling over Oral Questions but none as vehemently as the grilling I received over this matter just a few months ago. The strength of feeling made a deep impression on me, the feeling that the Government should look at this again and not be satisfied with there being no solution because we had been unable to find one. For me, politics is about doing the right thing in the most difficult and complex circumstances. Yes, the Government have looked at this again and found a solution which meets the need. We have acted in a spirit of compassion and humanity to do something good. I ask the Opposition to join the Government, in the spirit of that compassion, and support us in this amendment. On Question, amendment agreed to. [Amendments Nos. 178 to 180 had been withdrawn from the Marshalled List.] [Amendment No. 181 not moved.]