Commons Sense

Hansard-based summaries and metrics

<-- Back to proposed bills

Overseas Operations (Service Personnel and Veterans) Bill - Sitting 3

08 October 2020

Proposing MP
David Mundell Con
Dumfriesshire, Clydesdale and Tweeddale
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses concerns about part 2 of the Overseas Operations (Service Personnel and Veterans) Bill potentially breaching the armed forces covenant due to a six-year limitation on civil claims. The discussion focuses on whether the proposed Overseas Operations (Service Personnel and Veterans) Bill breaches the armed forces covenant by potentially disadvantaging service personnel. The statement discusses the implications of the proposed Overseas Operations Bill and its compatibility with a legally binding armed forces covenant under English law. The statement discusses concerns over the Overseas Operations (Service Personnel and Veterans) Bill, particularly regarding part 2 which limits claims for negligence against the MOD. The statement addresses concerns and questions about the Overseas Operations Bill and its potential impact on veterans' rights and the armed forces covenant. General Sir Nick Parker discusses the Overseas Operations (Service Personnel and Veterans) Bill, expressing concerns about its impact on the legitimacy of the armed forces and questioning whether it addresses the root cause of vexatious claims. The statement discusses concerns about the Overseas Operations (Service Personnel and Veterans) Bill, focusing on its impact on military investigations and prosecutions. The discussion revolves around the Overseas Operations (Service Personnel and Veterans) Bill and its potential impact on UK armed forces operations, particularly concerning investigations into servicemen and women. The statement discusses the Overseas Operations (Service Personnel and Veterans) Bill and addresses concerns about its effectiveness in protecting troops while ensuring accountability for misconduct.

Action Requested

Witnesses suggest that any improvement to address the concern about the six-year longstop, which limits the ability to bring civil cases against employers, would enhance the legislation. They also encourage continuing consultation to find ways to ameliorate difficulties for those affected by this limit.

Key Facts

  • The Bill has a six-year longstop that affects approximately 6% of cases.
  • Concerns are raised about its potential breach of the armed forces covenant.
  • The British Legion and other charities support the intent behind the Bill but seek improvements.
  • The Bill aims to protect the Ministry of Defence from civil action rather than service personnel, according to some views.
  • 94% of claims are from people abroad, but this number is based on a sample and may be questionable.
  • There could be another 31 cases beyond the 17 actual cases found in the sample data.
  • The British Legion is focusing on improving a particular element in the second part of the Bill.
  • Concerns have been raised about the limitation of the covenant to three specific areas rather than addressing its totality.
  • There are worries that the effort seems focused on local government instead of central Government.
  • Part 2 of the Bill introduces a time limit on cases involving injury or death that could be brought against the MOD.
  • The six-year claim limit does not apply similarly in civilian cases, leading to concerns about disadvantaging service personnel and veterans.
  • There are ongoing improvements in training for mental resilience among service personnel.
  • The Bill is intended to stop vexatious claims against veterans but may limit legitimate cases due to a six-year time limit.
  • There are concerns that about 6% of potential claimants would be impacted negatively by the Bill's restrictions.
  • General Sir John McColl and Charles Byrne from the British Legion welcomed the intent of the Bill but highlighted areas for improvement.
  • General Sir Nick Parker is concerned that the Bill risks the legitimacy of UK armed forces internationally.
  • Part 1 of the Bill focuses on prosecution process rather than investigation and chain of command accountability.
  • Accurate, timely records are necessary to support proper investigations and accountability.
  • Concerns raised about the exclusion of sexual offences from the Bill.
  • Worries expressed over the five-year time limit for prosecutions.
  • Emphasis on the need for effective investigation processes rather than focusing solely on prosecution.
  • General Sir Nick Parker expresses concern over the potential cultural resistance within the chain of command towards investigations.
  • He highlights the importance of addressing issues in the chain of command's approach to accountability and integrity.
  • The Bill is discussed in terms of its impact on international cooperation and perceptions among allied nations.
  • The Overseas Operations (Service Personnel and Veterans) Bill is under review in Committee.
  • General Sir Nick Parker testified about his concerns regarding the effectiveness of the Bill in addressing legitimate issues without creating unnecessary challenges.
  • The Committee will meet again at 2:30 pm to take further evidence on the Bill.
▸ Assessment & feedback
Summary accuracy