Armed Forces : Legal Representation

Lord Trefgarne Excerpts

Wednesday 25th January 2012 Lords Chamber

Asked by

[Lord Trefgarne]

To ask Her Majesty’s Government whether they propose to pay the legal costs of the Territorial Army soldier who has been interviewed under caution in relation to an incident in Afghanistan in the summer of 2010.

[The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever)]

My Lords, it would be inappropriate for me to comment on a case currently being considered by the independent Director of Service Prosecutions, but legal aid is available for all personnel, including reservists, who are subject to service law or service discipline at the time of an alleged offence, through the Armed Forces Criminal Legal Aid Authority. The scheme is based on the same principles as civilian criminal legal aid in England and Wales and is designed to mirror it, while making necessary adjustments for service life.

[Lord Trefgarne]

My Lords, I readily accept that it would be quite wrong to comment on any particular case that may or may not come before the courts, but is it not right that the Ministry of Defence—as, in effect, the employer of soldiers, sailors and airmen—should cover their proper legal costs when the need arises, and not leave them to the vagaries of the legal aid system?

[Lord Astor of Hever]

My Lords, as my noble friend said, I will not be able to respond to specific questions on this case; the department must protect the personal data of our employees, and I do not wish to prejudice any possible future disciplinary or administrative action. However, I can say that the MoD will pay for the defence of an individual charged with an offence that is committed in the course of their duties and while acting in accordance with any applicable regulations or direction. However, where someone may have fallen short of the high standards we expect of our personnel, it must be investigated and, if appropriate, proceed to trial. In this situation, legal aid funding will provide representation according to the charge and the defence case, engaging counsel if and when appropriate. All legal representatives used by the Armed Forces Criminal Legal Aid Authority are civilian solicitors or barristers registered with the Law Society or the Bar Council. By funding appropriate legal representation, we are confident that the Armed Forces legal aid scheme well serves individuals subject to the service justice system.