Member

58: After Clause 50, insert the following new Clause— “Overseas operations and the European Convention on Human Rights(1) The Human Rights Act 1998 is amended as follows.(2) For section 7A (limitation: overseas forces proceedings) substitute—“7A No proceedings for overseas operations(1) No proceedings may be brought under section 7(1)(a) in respect of any overseas operations by His Majesty’s forces.(2) “Overseas operations” means any operations outside the British Islands, including peacekeeping operations and operations for dealing with terrorism, civil unrest or serious public disorder, in the course of which members of His Majesty's forces come under attack or face the threat of attack or violent resistance.(3) “His Majesty’s forces” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).(4) A member of the regular or reserve forces who has been deployed on an overseas operation under this Act may not be subject to the provisions of the European Convention on Human Rights for the duration of that deployment.”(3) After section 14 (derogations), insert—“14A Overseas operations and the European Convention on Human Rights(1) Where the Secretary of State considers that any overseas operation is, or is likely to be, significant, the Secretary of State must authorise for the United Kingdom to make a derogation under Article 15(1) of the Convention.(2) In this section “overseas operations” has the same meaning as in section 7A.””Member’s explanatory statement This new clause seeks to make provision for the members of the regular or reserve forces who have been deployed under this Act to be exempt from the European Convention on Human Rights for that period of deployment.