British Overseas Troops: Civil Liability Claims

John Healey Excerpts

Thursday 16th July 2020 Commons Chamber

[John Healey (Wentworth and Dearne) (Lab)]

(Urgent Question): To ask the Secretary of State for Defence to update the House on the overseas operations Bill’s impact on the rights of British troops serving overseas to bring civil liability claims against the Ministry of Defence and its implications for the Armed Forces Covenant.

[The Minister for Defence People and Veterans (Johnny Mercer)]

We have introduced the Overseas Operations (Service Personnel and Veterans) Bill to lance the boil of lawfare and to protect our people from the relentless cycle of reinvestigations against our armed forces. Let me be absolutely clear: none of the measures will prevent the Ministry of Defence from being held to account for any wrongdoing.

To allay any further misunderstanding, let me provide some context. The Bill takes account of the uniquely challenging circumstances of overseas operations. It reassures our personnel that they will not be called on endlessly to defend against historic claims. It does that by introducing what we are calling a longstop. This restricts to an absolute maximum of six years the time limit for bringing civil claims or Human Rights Act claims for personal injury or death in connection with overseas operations.

It is simply wrong to assert that the Bill prevents service personnel, veterans or their relatives from bringing claims, because it does not change how the time limit is calculated. That will continue to be determined from either the date of the incident or date of knowledge. Conditions like post-traumatic stress disorder may not be diagnosed until much later, so the six years would start from the date of diagnosis.

The spirit of the armed forces covenant runs right through the legislation. Fairness is at its heart. We want to ensure that all claims are assessed fairly to achieve a fair outcome, yes, for veterans, but also for victims, service personnel and the taxpayer.

Yes, service personnel and veterans will still be able to bring claims against the MOD for such conditions, even if they are more than six years from the date of the incident. But also yes, this Government are going to war against lawfare. The days of veterans living in a persistent state of worry simply for having served this nation are coming to an end. Under this Prime Minister and under this Government, we will restore fairness to the process.

[John Healey]

This urgent question, with the summer recess next week, is the only way of getting Ministers to set the record straight and reassure veterans who have won claims against the MOD after knowing about their PTSD or their hearing loss for years, who rightly feel and fear this Bill will block their comrades from such compensation in future. We also want to protect serving and former troops against the Minister’s relentless cycle of vexatious legal claims or repeat investigations. I say to him that the Government have got important parts of this Bill badly wrong.

I asked the Minister on 6 July why he is legislating to reduce the rights of our armed forces personnel who serve overseas to bring civil claims against the Ministry of Defence if they miss this hard six-year deadline or his longstop. He told the House:

“The Bill does not do that.”—[Official Report, 6 July 2020; Vol. 678, c. 646.]

But of course it does, in clause 11. One week later, his written answer to me confirmed that 70 of 522 such settled claims have been

“brought more than six years after the…incident.”

So he has got the chance to correct the record today.

Why is the Minister legislating 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? Why are the Government breaching their own armed forces covenant by disadvantaging these troops, and why was the most senior military lawyer, the Judge Advocate General, not consulted on the drafting of the Bill? Is this the reason that Judge Blackett rightly says the Bill is “ill-conceived” and likely to increase prosecutions of UK service personnel in the International Criminal Court?

It is not too late to think again about the best way to protect service personnel from vexatious litigation while ensuring also that those who commit serious crimes during operations are prosecuted and punished appropriately. We are ready to assist, but Ministers have got to get a grip and they have got to get down to some serious work over the summer.

[Johnny Mercer]

I am grateful to the right hon. Member for his interest in the Bill. I would ask him to consider for a moment, given the history I have in this place, if I would attempt in any way to restrict the rights of service personnel to sue the Ministry of Defence or to claim for compensation after the event. I have read the Bill because I wrote the Bill, and the Bill very clearly states that it is from the point of knowledge or the point of diagnosis that that limitation comes in. We have always had limitations in this country. In the Limitation Act 1980, for example, there are limitations on various claims that are made through the tort system through the courts.

The reality is that introducing this legislation is not going to please everyone, because throughout the legal system that has thoroughly abused this process for many years, an awful lot of money has been made and the lives of our service personnel and veterans have been at the bottom of the priority list. Well, I am afraid that is changing, so I have no qualms at all that some people will disagree with elements of the Bill. But one thing that is beyond debate is that this is enhancing the quality of life and this nation’s responsibility to its service people and veterans; it is not going in the other direction. If there is any genuine concern out there from any individual who can show me that this will inhibit their rights, I am more than happy to look at it. But the issue around limitation is, I am afraid, misunderstood, because it is not from the point of when the injury happened or the incident that caused the injury; it is from the point of awareness or the point of diagnosis. The Bill does not change that. As far as I am concerned, it enhances the armed forces covenant. This will be a good thing, and a tool in our efforts to lance the boil of lawfare in this country.