Long-suffering troops freed from historical witch hunts thanks to new prosecution time limit in victory for The Sun
LONG-suffering British troops are to be finally freed from historical witch hunts when ministers tomorrow slap a five year time limit on all new prosecutions.
Under a landmark new law introduced tomorrow, only the most clear-cut cases that also involve “new and compelling evidence” will be allowed to go forward after the new time guillotine.
In addition, a six year moratorium will also be slapped on all civil claims and Human Rights Act legal suits.
As well as protecting the nation’s warriors of the future, the new time limits for proceedings against those who served on operations overseas effectively end the threat of legal pursuit for all Iraq and Afghanistan combat vets.
Anyone who served in the two wars, which were wrapped up before 2015, will no longer be subject to the trauma of facing down legacy claims.
In an equally significant move, Northern Ireland Secretary Brandon Lewis will also today promise “equivalent” protections for Ulster vets when he brings in new laws for the province next month.
Mr Lewis will make the binding commitment in a written statement to Parliament, and promise an end to Troubles-related prosecutions where there is also "no new and compelling evidence".
And in a further major move, the new law compels future governments to consider opting out of the European Convention on Human Rights for new conflicts to give troops better protection from legal suits on the battlefield.
'PROTECT OUR VETERANS'
The new law – the Overseas Operations Bill - fulfils a promise made by PM Boris Johnson to The Sun during December’s general election campaign to end witch hunts against troops within 100 days.
Defence Secretary Ben Wallace told The Sun tonight: “For decades the men and women of our Armed Forces have been faced with the prospect of repeated investigations by inquest and police - despite the vast majority having acted in accordance with the rule of law and often at great personal risk.
“That is why the Government will today legislate to protect our veterans against repeated re-investigations where there is no new and compelling evidence against them, and to end vexatious claims against our Armed Forces.”
Writing for The Sun today, Veterans Minister Johnny Mercer dubbed the legal pursuits as “perhaps the biggest injustice facing our veterans”.
Ex-Army officer Mr Mercer – who made it his personal mission in government to end the travesty – added: “The days of lawyers re-writing history in order to make money off the backs of veterans are over.
“This Government is going to war on so called ‘lawfare’, and this is just the start.”
A triple lock of new safeguards have been drawn up to enforce the new five year time limit.
Under the new law, for any new prosecutions to progress over incidents that took place more than five years ago;
- New and compelling evidence must have emerged since the original investigation into the incident.
- Prosecutors must have given serious consideration to the tough conditions troops faced on the ground at the time, as well as the adverse effects that bringing cases now might have on them, such as on their mental health.
- The case must get the written consent of the government’s top law officer, the Attorney General, to proceed.
In a litigation culture dubbed ‘lawfare', tank chasing law firms enchained defence bosses in legal red tape for years by producing a massive array of claims from often years ago, many of which were proved to be baseless.
Almost 1,000 compensation claims were lodged against the MoD for unlawful detention, personal injury and death during operations in Iraq.
The ministry also faced 1,400 judicial reviews calling for investigations and compensation over alleged human rights violations.
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Under the new law, MoD officials have calculated that more than 90% of notorious lawyer Phil Shiner claims against the forces would have been swiftly thrown out.
The moves are a considerable toughening up of plans floated by the MoD last year, which argued for a 10 year time limit for new prosecutions.
A full amnesty was ruled out though to ensure the few who do commit serious criminal wrongdoing face justice.
War on so-called ‘lawfare’
By Johnny Mercer, Veterans Minister
TODAY marks an irreversible step in the fight to tackle perhaps the biggest injustice facing our veterans - repeated historical allegations made years after hard fought operations overseas which have ruined the lives of some of our bravest people.
The days of lawyers re-writing history in order to make money off the backs of veterans are over. This Government is going to war on so called ‘lawfare’, and this is just the start.
It has been a long journey. The Sun rightly campaigned to end this scourge, calling for a Veteran’s Pledge.
When Boris Johnson became Prime Minister he committed to acting within 100 days and he tasked me and the MOD to do it.
Today we make good on that promise, by introducing to Parliament the first in a series of laws to do just that.
My primary objective has been to ensure that we can never be in this position again, whilst giving certainty to Veterans, and I am pleased that this legislation today achieves that.
Our package of proposals will do three things.
First, it creates a “presumption against prosecution” after five years.
This raises the legal bar for prosecution significantly. It requires that new and compelling evidence is presented and operational circumstances are taken into much higher consideration.
Second, we have set in law a time limit of six years on bringing claims against our personnel and this Government department – both civil and under the Human Rights Act.
This will end the spectre of veterans being hauled to court to pore over events that took place decades ago.
Third, future Governments now have a duty, enshrined in law, to consider opting out of the European Convention on Human Rights for future conflicts, giving British troops the confidence they deserve while on operations abroad.
We cannot re-write the past, but we can prepare for the future.
Under these proposals 90 per cent of the claims brought by tank-chasing law firms against our troops in recent years would never have been pursued.
Northern Ireland veterans are, of course, entitled to equal treatment and today the Prime Minister has committed to do just that.
Their tours took place on UK soil and were governed by a different set of laws so we must address these concerns in a separate bill, within the coming months.
My views on alleged crimes by our Armed Forces have always been clear – we will always investigate and prosecute that tiny minority who commit crimes; uniform is no hiding place.
But tomorrow’s Bill, and the measures we have set out for Northern Ireland veterans, will allow us to draw a line under the past and give today’s veterans – wherever they served – certainty that they will no longer face this toxic cycle of vexatious claims.
Never before has a Prime Minister come into office promising such protection for our Armed Forces.
And never before has the Government taken such decisive action on overseas operations, or in Northern Ireland.
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