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Lords division · 26 Apr 2021 · No. 1

Overseas Operations (Service Personnel and Veterans) Bill

Lord Dannatt moved, as an amendment to Motion E, at end insert “but do propose Amendment 5B in lieu—5B After Clause 12, insert the following new Clause—“Duty of care to service personnel(1) The Secretary of State must establish a duty of care standard in relation to legal, pastoral and mental health support provided to service personnel involved in investigations or litigation arising from overseas operations, as defined in subsection (6) of section 1.(2) The Secretary of State must lay a copy of this standard before Parliament within six months of the date on which this Act is passed.(3) The Secretary of State must thereafter in each calendar year—(a) prepare a duty of care update, and(b) include the update in the Armed Forces Covenant annual report when it is laid before Parliament.(4) The duty of care update is a review about the continuous process and improvement to meet the duty of care standard established in subsection (1), in particular in relation to incidents arising from overseas operations of—(a) litigation and investigations brought against service personnel for allegations of criminal misconduct and wrongdoing;(b) judicial reviews and inquiries into allegations of misconduct by service personnel;(c) such other related fields as the Secretary of State may determine.(5) In subsection (1) “service personnel” means—(a) members of the regular forces and the reserve forces;(b) members of British overseas territory forces who are subject to service law;(c) former members of any of Her Majesty’s forces who are ordinarily resident in the United Kingdom; and(d) where relevant, family members of any person meeting the definition within paragraph (a), (b) or (c).(6) In subsection (1) “duty of care” means both the legal and moral obligation of the Ministry of Defence to ensure the wellbeing of service personnel.(7) None of the provisions of this section may be used to alter the principle of combat immunity.””The House divided:

The Contents have it

Majority 69

Contents: 312 Not Contents: 243

At a glance The Contents won by a margin of 69 votes. The Government's position was Not Content, and it lost.

How the parties voted

Contents

Labour 134
Crossbench 77
Liberal Democrat 75
Non-affiliated 14
Democratic Unionist Party 5
Bishops 2
Green Party 2
Ulster Unionist Party 1
Conservative 1
Plaid Cymru 1

Not Contents

Conservative 217
Non-affiliated 14
Crossbench 10
Lord Speaker 1
Ulster Unionist Party 1

The party breakdowns are our own analysis of the official voting records (recorded votes only; they do not describe the formal whip). How we work this out.

Peers attend divisions ad hoc, so there is no did-not-vote list. Tellers are counted in the Content and Not Content totals, unlike in the Commons.

Every vote

Contents (312)

Not Contents (243)

Source: the official Lords division record.