David Davis

One point the Secretary of State has not yet come to is that there is an excruciating element of double jeopardy here. Every single case we are talking about was investigated carefully by the police at the time—the soldiers and the commanders involved were interrogated as to the intelligence, the plans and the outcome at the time, with all the information available. What we are seeing here is that soldiers were effectively found innocent 33 years ago, only for us to come back and do it all over again to get another answer that we want. He must understand that the soldiers see this as terrible double jeopardy. May I bring the Secretary of State to the underlying principle of the point made by my right hon. Friend the Member for New Forest East (Sir Julian Lewis)? What we are all after is a mechanism, however that is found through the law, that will allow us to release these soldiers from a lifetime sentence of being pursued by the courts under what is, in my view, frankly, a misuse of article 2. If it is true that, as my right hon. Friend says, people like Philippe Sands—hardly a hard-line right winger—think that we can do this, will the Secretary of State give the House an undertaking that he will make every effort to deliver on that aim?