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Written question asked by Madeleine Moon (Labour) on Monday, 2 September 2019, in the House of Commons. It was due for an answer on Thursday, 5 September 2019 (named day). It was answered by Johnny Mercer (Conservative) on Thursday, 5 September 2019 on behalf of the Ministry of Defence.

Armed Forces: Compensation

Question

To ask the Secretary of State for Defence, whether the proposals outlined in his Department's consultation document Legal Protections for Armed Forces Personnel and Veterans serving in operations outside the United Kingdom will result in varying the legal protections offered to civilians (a) killed and (b) injured while serving outside the UK to take action through the courts for compensation; and if she will make a statement.

Answer

The consultation on Legal Protections for Armed Forces Personnel and Veterans will close on 13 October 2019. The Ministry of Defence will study carefully the responses on its proposals (on a statutory presumption against prosecutions arising from overseas incidents occurring more than 10 years previously; on a partial defence that takes account of the operational context; and on limiting the courts’ discretion to extend the three-year time limit for bringing civil claims for personal injury or death) before deciding how to take these measures forward.

The proposed civil litigation longstop will not preclude Service personnel or civilians deployed on overseas operations from bringing claims in relation to PTSD or other conditions that manifest or are diagnosed more than 10 years after the incident which caused the condition, as section 11 of the Limitation Act calculates time limits from the later of (a) the date on which the cause of action accrued or (b) the date of knowledge.

Secondary information

Type
Written question
Reference
285226
Session
2017-19
Grouped for answer
Yes
Subjects
Compensation Armed forces Death Armed conflict Civilians Injuries
Link
View this Written question on www.parliament.uk