I absolutely accept that this is not a problem confined to us. It is something that has crept into the international scene. Law-observing democracies are finding themselves hamstrung because of the misapplication of what is essentially civil law to the battlefield. That is wrong. It was never intended to be the case, and until it is put right, we will not solve this problem.
It is true that the Government, in this Bill, are considering derogating from the ECHR; clause 12 encourages, but does not require, such derogations. That would help, but according to Professor Ekins, whose work with Policy Exchange I acknowledge, that would be no substitute for amending the Human Rights Act and providing that it should not apply outside the UK, or at least that it should apply only in strictly limited circumstances. Parliament should go back to what it intended in 1998. It would also be much better for Parliament to require the Government to derogate in relation to overseas operations and to amend the Human Rights Act so that it does not apply abroad.
With good will on both sides, the Bill can be improved, and I urge those on both Front Benches to work together in pursuit of an improved outcome.
4.31 pm