Overseas Operations (Service Personnel and Veterans) Bill — Report — Amendment 6 — 13 Apr 2021 at 16:44

Moved by Lord Thomas of Gresford

6: After Clause 7, insert the following new Clause-“Investigation of allegations related to overseas operations(1) In deciding whether to commence criminal proceedings for allegations against a member of Her Majesty’s Forces arising out of overseas operations, the relevant prosecutor must take into account whether the investigation has been timely and comprehensively conducted.(2) Where an investigator of allegations arising out of overseas operations is satisfied that there is sufficient evidence of criminal conduct to continue the investigation, the investigator must within 21 days refer the investigation to the Service Prosecuting Authority with any initial findings and accompanying case papers.(3) An investigation may not proceed after the period of 6 months beginning with the day on which the allegation was first reported without the reference required in subsection (2). (4) On receiving a referral under subsection (2), the Service Prosecuting Authority must either-(a) order the investigation to cease if it considers it unlikely that charges will be brought, or(b) give appropriate advice and directions to the investigator about avenues of inquiry to pursue and not pursue, including-(i) possible defendants to consider,(ii) possible explanations to consider for the circumstances giving rise to the investigation, and(iii) overseas inquiries and seeking the help of overseas jurisdictions.(5) Where the investigation proceeds, the Service Prosecuting Authority must monitor and review its progress at intervals of three months and must on each review make a decision in the terms set out in subsection (4).(6) On the conclusion of the investigation, the investigator must send a final report with accompanying case papers to the Service Prosecuting Authority for the consideration of criminal proceedings.(7) After receipt of the final report, the facts and circumstances of the allegations may not be further investigated or reinvestigated without the direction of the Director of Service Prosecutions acting on the ground that there is new compelling evidence or information which might-(a) materially affect the previous decision, and(b) lead to a charge being made.(8) The Judge Advocate General may give Practice Directions as he or she deems appropriate for the investigation of allegations arising out of overseas operations.(9) For the purposes of this section-“investigator” means a member of the service police or a civil police force;“case papers” includes summaries of interviews or other accounts given by the suspect, previous convictions and disciplinary record, available witness statements, scenes of crime photographs, CCTV recordings, medical and forensic science reports.”

Ayes 308, Noes 249.

Debate in Parliament |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Content)Minority (Not-Content)Turnout
Bishop1 03.4%
Con3 19968.0%
Crossbench62 1136.1%
DUP0 360.0%
Green2 0100.0%
Judge5 140.0%
Lab136 060.4%
LDem78 173.1%
Non-affiliated8 128.1%
PC1 050.0%
UUP1 050.0%
Total:297 21655.8%

Rebel Voters - sorted by party

Lords for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible lord who could have voted in this division

Sort by: Name | Party | Vote

NamePartyVote
Lord Bowness Conaye
The Earl of Cork and OrreryCon (front bench)aye
Baroness Wheatcroft Conaye
Lord Carey of CliftonCrossbenchno
Lord Hogan-Howe Crossbench (front bench)no
Baroness Hogg Crossbenchno
Lord Laming Crossbench (front bench)no
Baroness O'Loan Crossbenchno
Lord Patel Crossbench (front bench)no
Lord Powell of BayswaterCrossbench (front bench)no
Lord Rana Crossbenchno
Lord St John of BletsoCrossbenchno
Baroness Watkins of TavistockCrossbench (front bench)no
Viscount Waverley Crossbenchno
Lord Brown of Eaton-under-HeywoodJudge (front bench)no
Baroness Nicholson of WinterbourneLDemno
Lord Taylor of WarwickNon-affiliatedno

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