Bruce Anderson

War on the law

Bruce Anderson says that it is impossible to run an effective army if soldiers are in constant fear of prosecution

issue 23 July 2005

The House of Lords has already been subjected to thoughtless changes. It is now threatened with further political correcting, including a change of name. This government is not only hostile to its ethos and its historical resonance. The Blairites resent the Upper House’s independence and its ability to make life awkward for ministers.

Last Thursday, both of those attributes were on display. It was only a three-hour debate, on a motion for papers, with no legislative consequences. But the quality of the speeches and the force of argument would have graced any debating chamber in any era. Six former chiefs of the defence staff took part and the issues under discussion were vital: the relationship between the armed forces and the rule of law; the abuse of legal procedure to undermine military morale. Since then, the debate has become even more relevant, with the news that 11 British soldiers are to be tried for offences in Iraq.

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