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Written question asked by Lord McCrea of Magherafelt and Cookstown (Democratic Unionist Party) on Thursday, 17 July 2025, in the House of Lords. It was due for an answer on Thursday, 31 July 2025. It was answered by Lord Coaker (Labour) on Thursday, 24 July 2025 on behalf of the Ministry of Defence.


Army and Veterans: Civil Proceedings

Question

To ask His Majesty's Government what steps they are taking to support and protect Army personnel and veterans from vexatious legal claims, and to provide veterans with protection against prosecutions.

Answer

The vast majority of Service personnel maintain the highest standards of behaviour, in the most challenging of circumstances. There are safeguards in place to reduce the risk of vexatious claims against them.

The Overseas Operations (Service Personnel and Veterans) Act was introduced in 2020 with the aim to provide greater certainty for service personnel and veterans in relation to claims and potential prosecution for historical events that occurred on overseas operations. This includes a statutory presumption against prosecution, meaning that it will be "exceptional" for Service personnel or veterans to be prosecuted in those circumstances.

The Act does not prevent victims of alleged offences by Service personnel from bringing forward their allegations, which will be investigated and, where appropriate, prosecuted.

All members of the Armed Forces, including the Reserve Forces and Ministry of Defence civilians, plus veterans, are provided with welfare and legal support at public expense where they face criminal or civil allegations that relate to actions taken during their employment or service, and where they were performing their duties. This applies regardless of where in the world the alleged offence took place, or when.


Secondary information

Type
Written question
Reference
HL9616
Session
2024-26
Subjects
Army Civil proceedings Prosecutions Veterans
Link
View this Written question on www.parliament.uk