PM announces better legal protection for troops

Homeland October 6, 2016

Measures to protect the Armed Forces personnel from persistent legal claims, with the introduction of a presumption to derogate from ECHR, announced.

The Government has announced measures to protect the Armed Forces personnel from persistent legal claims.

The Prime Minister and Defence Secretary have announced the introduction of a presumption to derogate from the European Convention on Human Rights (ECHR), which will apply to future conflicts.

Numerous court judgements have been brought over the past decade, which have extended the extra-territorial jurisdiction of the European Convention on Human Rights to the battlefield, leading Military advisers to warn that it may seriously undermine the operational effectiveness of the Armed Forces.

The announcement of the intention to derogate will protect British troops from persistent legal claims, like those brought from the Iraq and Afghanistan conflicts, in the future. The legal process of ECHR breaches has led to much litigation for the MOD and considerable distress for service personnel, whilst also costing the taxpayer millions of pounds. Further work to assist the troops in legal wrangles from the government includes; looking at time limits for future claims, creating tough new penalties for firms who engage in vexatious practices and cracking down on the no-win-no-fee deals that have been exploited to tout for business.

This announcement has followed the closure of Public Interest Lawyers (PIL), the firm responsible for filing thousands of claims against the Armed Forces.

Prime Minister Theresa May said: “Our Armed Forces are the best in the world and the men and women who serve make huge sacrifices to keep us safe.

My Government will ensure that our troops are recognised for the incredible job they do. Those who serve on the frontline will have our support when they come home.

“We will repay them with gratitude and put an end to the industry of vexatious claims that has pursued those who served in previous conflicts.

“Combined with the biggest defence budget in Europe, the action we are laying out today means we will continue to play our part on the world stage, protecting UK interests across the globe.”

Defence Secretary Michael Fallon said: “Our legal system has been abused to level false charges against our troops on an industrial scale.

“It has caused significant distress to people who risked their lives to protect us, it has cost the taxpayer millions and there is a real risk it will stop our Armed Forces doing their job.

“It will help to protect our troops from vexatious claims, ensuring they can confidently take difficult decisions on the battlefield. And it will enable us to spend more of our growing defence budget on equipment for them rather than fees for lawyers.”

Chief of the Defence Staff Air Chief Marshal Sir Stuart Peach said: “Extending the jurisdiction of the European Convention on Human Rights to the battlefield risks seriously undermining the operational effectiveness of UK Armed Forces, so this important announcement is very welcome.

“Our Armed Forces will continue to be held to the very highest standards. UK personnel will always be subject to the Law of Armed Conflict – which includes the Geneva Conventions – and to UK Service law – which includes the criminal law of England & Wales.”

The Armed Forces will continue to operate to the highest standards and remain subject to the rule of the law at all times, including a comprehensive legal framework in accordance with International Humanitarian Law (the law of armed conflict including the Geneva Conventions) and with Service Law, which includes UK criminal law of England and Wales regardless of where they are serving.

If you would like to join our community and read more articles like this then please click here

ECHR Michael Fallon Prime Minister Theresa May Troops welfare