Written question asked by Thomas Docherty (Labour) on Thursday, 8 September 2011, in the House of Commons. It was due for an answer on Monday, 12 September 2011. It was answered by Liam Fox (Conservative) on Monday, 3 October 2011 on behalf of the Ministry of Defence.

Baha Mousa Inquiry

Question: To ask the Secretary of State for Defence pursuant to his oral statement of 8 September 2011, on the Baha Mousa inquiry, whether he is satisfied that his Department has the legal powers necessary to remove service pensions from any serving or former army personnel who are (a) convicted as a result of prosecution arising from Baha Mousa's death and (b) obstruct or fail to co-operate with investigations or prosecutions arising from Baha Mousa's death.

Answer: I am satisfied that in relation to a member or ex-member of the regular Army who is convicted of an offence connected to their service, where I as Secretary of State for Defence am satisfied that the offence was gravely injurious to the defence, security or other interests of the state, the Ministry of Defence has legal powers to withhold benefits in respect of a service pension.The relevant provisions are contained in the Armed Forces Pension Scheme 2005 (Part J) and the Armed Forces Pension Scheme .1975 (Part J) under which members and ex-members of the armed forces are entitled to a service pension. Whether any specific conviction connected to service satisfies the conditions must be judged on a case by case basis.Convictions connected to service may include ones relating to obstructing an investigation or prosecution. However, if obstructing or failing to co-operate with an investigation or prosecution does not result in charges and a conviction, then the powers to withhold a pension will not be triggered.

Secondary information

Type: Written question
Reference: 71593; 532 c1370-1W
Session: 2010-12
Related items: Baha Mousa Inquiry
Thursday, 8 September 2011
Parliamentary proceedings
House of Commons
Subjects: Baha Mousa Inquiry
Link: View this Written question on www.publications.parliament.uk