British Overseas Troops: Civil Liability Claims

Andrew Gwynne Excerpts

Thursday 16th July 2020 Commons Chamber

[Johnny Mercer]

I agree wholeheartedly with my hon. Friend. That has been an injustice for many years. I often thought to myself, before I came to this place, how has that process been allowed to continue where those who serve this country on operations are treated like that afterwards?

It is clear to me that in this place, we are good at saying, “Aren’t our veterans brilliant? Don’t we owe them a huge debt?”, but when it comes to doing something about it—something a bit difficult and challenging—everybody runs for the hills. Well, this Government are not going to do that. We are going to legislate to protect those people from those who want to rewrite history to line their own pockets. Those days are over. I fully expect all hon. Members to support that effort.

[Andrew Gwynne (Denton and Reddish) (Lab) [V]]

I agree with the Minister’s intention to remove the ability to bring vexatious claims against our military personnel, which is why we have to get the detail of the Bill right and consider any possible unforeseen consequences of getting it wrong. Does he accept that there are often good and perfectly reasonable reasons why a soldier or veteran may not be able to bring a claim within six years, even if they knew about their injuries? How can we factor that in?

[Johnny Mercer]

I thank the hon. Gentleman for that constructive point. Let me be clear: I am absolutely happy to amend the legislation on the suggestion of any hon. Member to get it right, but it has to be based on fact and reality. The armed forces compensation scheme has a seven-year limit on it anyway. The Limitation Act 1980 also limits the time in which claims can be brought. If hon. Members want to discuss that more widely, clearly that is a broader issue. All we are doing is bringing into line our military personnel and veterans’ experiences.

I will be honest that I cannot, off the top of my head, think why individuals would be diagnosed and choose not to do anything about it, then choose to do something about it much later. I have not come across that in all my experience in the field, but I am happy to learn. If that is the case, I am happy to change the Bill, but that is not what experience shows us. I urge hon. Members to come up with constructive criticism and debate, so that we can really work on the Bill to get it right, because we all agree that we need to do it.