Peers had made extensive amendments to the bill―excluding war crimes, torture, crimes against humanity and genocide from the presumption against prosecution; and adding a clause to impose a duty of care on the MoD for veterans and service personnel involved in investigations and litigation relating to overseas operations.
The Minister for Defence later restricted the presumption against prosecution to war crimes, excluding genocide, torture and crimes against humanity. The Commons then voted against both Lords amendments, and reinstated the limit on civil claims.
‘The six-year longstop gives the MoD the power to manipulate the claims process and deny British troops justice in valid civil claims,” said Hilary Meredith, chair of Hilary Meredith Solicitors and visiting professor of law and veterans’ affairs at the University of Chester.
‘It is deeply flawed and will significantly disadvantage those who have served abroad. It is totally unacceptable for the Government to deny those who put their lives on the line for our country overseas the same employer liability rights as the UK civilians they defend. It is also a breach of the Armed Forces Covenant.’
Meredith said: ‘There is no other scenario similar to the unique circumstances of a military claim for injury or death in service.
‘When bringing a military claim, the cards are already stacked in the MoD’s favour. The MoD is the employer, the paymaster, the medical provider, the trainer, the investigator and the conclusion maker. It also employs the vast majority of the witnesses while crown immunity makes it exempt from prosecution.
‘Anyone bringing a civil claim is reliant on the MoD co-operating while accidents overseas make it even harder to gather evidence. The initial investigation will always start with the service medical records.
‘Pre-Covid, it was taking between eight and ten months to obtain service medical records from the Army Personnel Centre in Glasgow. These records, unlike in the Navy and RAF, are not electronic. They’re still maintained and supplied in hard copy. I currently have clients who have been waiting over 18 months for their records.
‘The legal system requires a medical report based on a consultation with the injured service person alongside consideration of their medical records. The process to access to justice cannot commence until the MoD has provided the relevant medical details.’
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