Contribution
My Lords, I thank the noble Baronesses, Lady Brinton and Bennett, and the noble Earl, Lord Minto, for their important contributions on an incredibly important area of law, in relation to which a number of matters have been raised, recently and not so recently, that cause us all concern. For legal reasons, I will read verbatim the information I have before me; this is such an important area, and I do not want to be misquoted as that would not help the various people we wish to see being helped. Noble Lords will notice that when I get towards the end of my remarks, I will make one or two important comments that I hope will offer some, if not total, reassurance to your Lordships and to those who read our proceedings about how we are trying to move forward.
The legal framework governing the allocation of jurisdiction between the UK and a visiting force is set out in UK domestic law through Section 3 of the Visiting Forces Act 1952, with further reference to Section 12. This framework applies both to states that are party to the NATO status of forces agreement and to non-NATO states that have bilateral arrangements with the UK and are designated under Section 1 of the Visiting Forces Act 1952. In all such cases, visiting forces remain subject to the provisions of the Act. Any other agreements or arrangements are modelled on the provisions of the NATO status of forces agreement and reflect the provisions of the Visiting Forces Act 1952. The Visiting Forces Act is already publicly available and the principles within it are applied by UK prosecuting authorities on a case-by-case basis when questions of jurisdiction occur. I hope that provides some reassurance to the noble Baroness, Lady Brinton, as well as the noble Lord, Lord Thomas.
I thank the noble Baroness, Lady Brinton, for her views on the Bill and acknowledge her concerns, and those of others, about the Visiting Forces Act 1952 and why the United States is not explicitly referenced as being subject to the legislation. I reassure her and others that the United States is already included as subject to the Visiting Forces Act by virtue of Section (1)(1)(b). This specifically explains that, along with the countries individually named in Section 1(1)(a), a country will be subject to the Act’s provisions if it is designated by Order in Council. The United States, along with Belgium, France, the Netherlands and Norway, were included in the Visiting Forces (Designation) Order 1954, Statutory Instrument 634/1954, and so fall under the Visiting Forces Act 1952.
On Amendment 55, I thank the noble Baronesses, Lady Bennett and Lady Brinton, for their views on the Bill and acknowledge their interest in the Visiting Forces Act 1952 and the proposal to restrict and regulate how requests for transferring jurisdiction are determined in cases involving qualifying sexual offences. I begin by reassuring them that the Government are fully committed to ensuring that alleged sexual offences perpetrated by visiting forces are treated with the utmost seriousness and that jurisdiction for such cases is decided in accordance with the extant legislation.
I am aware of recent cases highlighted in the media, most notably the case concerning US airman Jacob Wulfson, which raised concerns regarding the extent to which the right decisions regarding jurisdiction for prosecution had been made. Section 3 of the Visiting Forces Act 1952 already sets out the limited circumstances in which jurisdictions should be transferred from the UK to a visiting force. The decisions on whether or not to do so are made independently by the relevant police force or the Crown Prosecution Service in response to any request from a visiting force. The Government are committed to identifying and applying the lessons arising from the issues raised in these cases. This includes the application and operation of jurisdictional arrangements under the Visiting Forces Act 1952 and how these are implemented across the criminal justice system.
In particular, I welcome the action taken by the chair of the National Police Chiefs’ Council, who has written to all chief constables in England and Wales to remind forces of their responsibilities under the Visiting Forces Act 1952. I understand that the National Police Chiefs’ Council is also considering whether further formal guidance for police forces is required to reinforce the principles of the existing legislation.
As I said, I am deeply concerned by the reports of how jurisdiction was handled in the Wulfson case. Victims of such serious offences need to be supported, and their cases treated with the seriousness, dignity and compassion that they deserve. This includes ensuring that jurisdiction for alleged offences is only ceded to a visiting force where absolutely appropriate under UK law and the Crown Prosecution Service’s guidance. I have directed my officials to work with the Home Office, the National Police Chiefs’ Council and any other government departments as required to ensure that the Ministry of Defence is assisting in that outcome. I hope that provides some assurance to the noble Baronesses, Lady Brinton and Lady Bennett, and the noble Earl, Lord Minto. I have no doubt that these discussions will continue, but we understand the seriousness of the topics that have been raised and the need for us to consider how we can deal with this.