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Overseas Operations (Service Personnel and Veterans) Bill - Sitting 9 (Morning)
22 October 2020
Type
Public Bill Committee
At a Glance
Issue Summary
The statement discusses amendments to allow civil claims for personal injury or wrongful death arising out of overseas operations to proceed even if there are legitimate delays. The MP raises concerns about the historical treatment of soldiers with mental health issues and compares it to current understandings of PTSD, alcohol, and drug abuse affecting veterans. The MP discusses the impact of the Overseas Operations (Service Personnel and Veterans) Bill on veterans' rights to seek justice for physical and mental health issues related to their service, emphasizing concerns about limiting access to legal recourse. The statement discusses the Government's position on a six-year limit for personal injury and death claims under the Overseas Operations Bill. The statement addresses amendments related to civil claims and limitation periods, focusing on ensuring claimants' rights are secured. The statement addresses concerns about the imbalance in the Overseas Operations (Service Personnel and Veterans) Bill regarding civil claims and mental health considerations. The statement discusses representations from Scottish Law Officers regarding the application of the Overseas Operations (Service Personnel and Veterans) Bill, and questions the feasibility of implementing similar legislation for Northern Ireland veterans. Kevan Jones disagrees with the Minister's stance on the Overseas Operations Bill, arguing that it will not address the root causes of problematic claims and investigations involving military personnel. The MP discusses concerns about the Overseas Operations (Service Personnel and Veterans) Bill, particularly regarding the management of investigations and ensuring judicial oversight. The statement discusses an amendment aimed at requiring parliamentary approval before the Secretary of State can derogate from the European Convention on Human Rights in relation to overseas operations. Chris Evans discusses the importance of upholding international human rights conventions in relation to the Overseas Operations Bill. Chris Evans discusses the Overseas Operations (Service Personnel and Veterans) Bill and its implications for derogating from the European Convention on Human Rights. The statement discusses the importance of ensuring certainty and parliamentary scrutiny in relation to derogations from international conventions, particularly in the context of the Overseas Operations (Service Personnel and Veterans) Bill.
Action Requested
Amendments propose that UK courts should have discretion to disapply certain rules regarding delays in filing claims where the delay is due to reasons outside the claimant's control, such as the nature of injuries or logistical difficulties. These amendments aim to ensure justice for servicemen and women by accounting for legitimate delays.
Key Facts
- Amendments introduce discretion for courts to allow civil claims to proceed despite delays.
- The amendments cover jurisdictions including England and Wales, Scotland, Northern Ireland, and UK-wide HRA claims.
- Reasons for delays include the nature of injuries and logistical difficulties.
- The Armed Forces Act 2006 pardoned soldiers who were shot at dawn during World War One.
- It took approximately 60 to 70 years for shell shock to be recognized and accepted.
- The MP suggests backdating justice for current issues like PTSD, alcohol, and drug abuse.
- Discussion centres around the impact of schedule 2 part 1 of the Bill which amends section 33 of the Limitation Act 1980.
- 94% of cases are brought within time limits as per data mentioned, leaving 6% out of time.
- The Snatch Land Rover case is cited as an example where section 33 allowed for exceptional circumstances to extend the time limit.
- The MP argues that veterans should have more rights than prisoners regarding suing the MOD under this Bill.
- The six-year longstop applies to personal injury and death claims, as well as Human Rights Act claims.
- Statistics show that 94% of cases are brought within the current time limit.
- Current limitations for bringing claims are three years for personal injury or death and one year for HRA claims.
- Amendments 89, 90, 91, and 88 are proposed.
- The amendments aim to ensure that claimants' rights are not subordinated in civil claims due to limitation periods.
- The standard limitation period for three years is mentioned for England, Wales, Scotland, and Northern Ireland.
- A one-year HRA limitation period is referenced for the UK as a whole.
- Rights and Security International submitted evidence highlighting concerns about the Bill's discriminatory impact on claimants.
- Centre for Military Justice outlined the need for the Bill to consider mental health of claimants, not just witnesses.
- Mark Bradshaw's case is cited as an example of a veteran who developed PTSD years after friendly fire and faced significant challenges in seeking diagnosis and legal advice.
- The Bill references Scotland's separate legal system.
- Schedule 4 pertains to Northern Ireland veterans.
- The Minister claimed a similar Bill would cover Northern Ireland veterans.
- The MOD compensated individuals for various claims during operations in Iraq.
- Phil Shiner is criticized for false accusations and encouragement of cases.
- IHAT investigation was set up by a Conservative Government in 2010.
- Judge Blackett's suggestions about investigating controls are mentioned as potential amendments.
- Kevan Jones suggests ways to manage investigations more effectively.
- He criticizes the time limit process, arguing it will not reduce claims significantly.
- Johnny Mercer defends the Bill as good, fair, and proportionate.
- Amendment 57 seeks to require parliamentary approval before derogations from the European Convention on Human Rights are made.
- The amendment addresses concerns over exceptional circumstances outlined in Article 15 of the convention, emphasizing the need for limited and supervised derogation.
- Chris Evans underscores the importance of parliamentary scrutiny to check potential misuse of legislative power.
- Chris Evans highlights the importance of not undermining human rights in court.
- The Equality and Human Rights Commission recommends amendment 57 requiring parliamentary approval for significant derogations from the ECHR.
- Redress warns that the Bill risks undermining UK's influence on global human rights issues.
- The Bill proposes unusual derogations from the European Convention on Human Rights not seen before by any member state of the Council of Europe.
- Justice has raised concerns about the Bill's potential damage to the UK's standing as a champion of human rights.
- Amendment 57 aims to clarify that the Government will not derogate without real and significant cause.
- The statement highlights concerns about potential derogations from treaties such as the Geneva convention.
- Chris Evans argues that frequent derogation undermines treaties.
- Parliamentary scrutiny is proposed to ensure democratic decision-making and high-level oversight for any derogations.
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