Armed Forces Bill

No, it will make no difference. It is possible at the moment for manslaughter to be laid as a charge under military law, and that will not change. Legitimate concern is different from some of the over-dramatised reports that we read about the very few trials arising from operations in Iraq. We have not had wholesale investigations leading to wholesale prosecutions. As I said earlier, Defence Ministers have no power over, authority in, responsibility for or even oversight of the laying of charges or the prosecution of cases. Those are matters for the independent service prosecuting authorities, which decide whether a prosecution is warranted in any case referred to them. Hon. Members can form their own opinions about whether we share some of the same frustrations that people who are not in government feel as we regard certain developments, but it is proper—in a civilised, democratic society—for there be a separation between the ministerial code for running the armed forces, in conjunction with the chain of command, and the investigatory and prosecution authorities, which are naturally and properly independent. That is one of the factors that separate a democracy from a dictatorship.