Prime minister Theresa May will today reveal details of her government’s much-trailed plan to bring an end to an ‘industry of vexatious claims’ against the armed forces.
The PM and defence secretary Michael Fallon will announce plans this morning to introduce a presumption of derogation from parts of the European Convention on Human Rights in future conflicts overseas.
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May said: ‘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.’
The government’s announcement states that over the past decade, a series of court judgments has extended the extra-territorial jurisdiction of the European Convention on Human Rights to the battlefield.
Military advisers warn that this risks undermining the operational effectiveness of the armed forces.
The government says the intention to derogate from the ECHR, subject to an assessment of the circumstances that exist at that time, will protect British troops serving in future conflicts from the kind of persistent legal claims that have followed operations in Iraq and Afghanistan ‘on an industrial scale’.
The government says that claims that ECHR rights have been breached drive much of the litigation that the Ministry of Defence faces, causing considerable personal distress to individual servicemen and servicewomen, and costing taxpayers millions of pounds.
Defence secretary Michael Fallon said the change will help to ‘protect our troops from vexatious claims and ensure they can confidently take difficult decisions on the battlefield’.
He added: ‘And it will help enable us to spend our growing defence budget on equipment, not fees for lawyers.’
Armed forces will continue to operate under 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 the criminal law of England and Wales, regardless of where they are serving, the government said.
It noted that the announcement ‘follows the closure of Public Interest Lawyers, the firm responsible for filing thousands of claims against the armed forces’.
A statement added that the announcement: ‘will complement the work being undertaken by the government, to draw up a time limit for future claims, create tough new penalties for firms who engage in vexatious practices and crack down on the “no win, no fee” deals that have been exploited to tout for business.’
May pledges to end ‘industry of vexatious claims’ against forces
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