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Cameron wants crackdown on 'spurious' military legal claims Cameron wants crackdown on 'spurious' military legal claims
(about 2 hours later)
The prime minister has said he wants to "stamp out" what he called "spurious" legal claims against British troops returning from war.The prime minister has said he wants to "stamp out" what he called "spurious" legal claims against British troops returning from war.
David Cameron said ministers had been asked to draw up plans to restrict claims, including by curbing financial incentives for "no win, no fee" cases. David Cameron said ministers had been asked to draw up plans to curb claims, including by restricting "no win, no fee" arrangements.
About 280 UK veterans are currently being investigated over alleged abuse by soldiers during the Iraq War.
Lawyers said no-one was above the law, and many abuse cases had been proven.Lawyers said no-one was above the law, and many abuse cases had been proven.
The Iraq Historic Allegations Team (IHAT) was set up to investigate allegations of murder, abuse and torture against Iraqi civilians by UK military personnel between 2003 and 2009. About 280 UK veterans are currently being investigated by the Iraq Historic Allegations Team over alleged abuse.
As of records up to date until September, it has considered at least 1,514 possible victims - of whom 280 are alleged to have been unlawfully killed - and completed fewer than 50 investigations. IHAT, as it is known, was set up to investigate allegations of murder, abuse and torture of Iraqi civilians by UK military personnel between 2003 and 2009.
Lawyers are continuing to refer cases of alleged abuse. It has considered at least 1,514 possible victims - of whom 280 are alleged to have been unlawfully killed - and completed fewer than 60 investigations. Lawyers are continuing to refer cases.
The head of the inquiry, Mark Warwick, has said there are "lots of significant cases" and that discussions will consider whether they meet a war crimes threshold. Defence Secretary Michael Fallon has criticised what he called "ambulance-chasing British law firms" and argued there is "a strong case" for suspending the European human rights law when sending forces into action overseas.
However Mr Cameron has previously said he fears people are being "solicited by lawyers" and encouraged into making accusations, and that he is concerned many of them are fabricated.
'Hounded by lawyers''Hounded by lawyers'
In a statement issued on Friday, Mr Cameron said there was now "an industry trying to profit from spurious claims" against UK military personnel.In a statement issued on Friday, Mr Cameron said there was now "an industry trying to profit from spurious claims" against UK military personnel.
"Our armed forces are rightly held to the highest standards - but I want our troops to know that when they get home from action overseas this government will protect them from being hounded by lawyers over claims that are totally without foundation.""Our armed forces are rightly held to the highest standards - but I want our troops to know that when they get home from action overseas this government will protect them from being hounded by lawyers over claims that are totally without foundation."
The National Security Council - a cabinet committee set up by David Cameron which meets weekly to discuss security and defence strategy - has been ordered to produce "a comprehensive plan to stamp out this industry", he said.The National Security Council - a cabinet committee set up by David Cameron which meets weekly to discuss security and defence strategy - has been ordered to produce "a comprehensive plan to stamp out this industry", he said.
Plans to be considered by the National Security Council include:Plans to be considered by the National Security Council include:
Number 10 said the measures aimed to stop "lawyers pursuing soldiers through the courts for simply serving their country and doing their jobs on operations overseas".
The BBC's legal affairs correspondent, Clive Coleman, said lawyers had stressed that the the government had agreed financial settlements in hundreds of claims brought against soldiers, and that few cases were legally-aided.
A spokesman for law firm Leigh Day said Mr Cameron should not challenge the principle that "no-one is above the law, not us, not the British army and not the government".A spokesman for law firm Leigh Day said Mr Cameron should not challenge the principle that "no-one is above the law, not us, not the British army and not the government".
He said: "Over the last 12 years many cases of abuse made against the MoD during the course of the occupation of Iraq have come to light and been accepted by the government. Many cases of abuse had come to light and been accepted by the government, with payouts for over 300 cases relating to abuse and unlawful detention of Iraqis, he said.
"They include the appalling torture and murder of Baha Mousa in 2003. In addition, the government has paid compensation for over 300 other cases relating to abuse and unlawful detention of Iraqis.
He added: "The vast majority of serving army soldiers do a first-class job in protecting this country but the evidence shows that this is by no means the case for all."He added: "The vast majority of serving army soldiers do a first-class job in protecting this country but the evidence shows that this is by no means the case for all."
Leigh Day has been referred to the Solicitors Disciplinary Tribunal over allegations it failed to disclose a key document during the £31m Al-Sweady inquiry. Lord Dannatt, former chief of the general staff, said Mr Cameron was right "to draw a line in the sand" and protect the military's "freedom" to operate.
Lawyers "absolutely enjoy" contested cases, because it meant their fees became "excruciatingly high", he said.
"That is the sort of thing the prime minister is trying to bear down on. No-one is saying the military is above the law."
But Nicholas Mercer, the Army's chief legal adviser in Iraq after the 2003 invasion, said it was wrong "simply to polarise it as money-grabbing lawyers".
"There are plenty of us who have raised our concerns without any financial motive at all, if indeed the other lawyers have got a financial motive," he told BBC Radio 4's Today programme.
"The government have paid out £20m for 326 cases to date. Anyone who has fought the MoD knows that they don't pay out for nothing."
Wrongdoing deniedWrongdoing denied
The inquiry, which considered legal action brought by Iraqi detainees against the Ministry of Defence, concluded that claims of murder and mutilation were "deliberate lies" - although some of the detention techniques used had amounted to mistreatment. The Legal Aid Agency - the Ministry of Justice department which provides legal aid and advice in England and Wales - has also been asked to consider whether legal aid arrangements should be temporarily restricted for any firm being investigated for misconduct.
Leigh Day has been referred to the Solicitors Disciplinary Tribunal over allegations it failed to disclose a key document during the £31m Al-Sweady inquiry, which found that allegations that UK troops had murdered and mutilated Iraqi detainees were "deliberate lies".
The firm has strongly denied allegations of wrongdoing and said it would "vigorously" defend itself.The firm has strongly denied allegations of wrongdoing and said it would "vigorously" defend itself.
Number 10 said it hoped to reclaim some of the taxpayer money that had been awarded to law firms involved in the inquiry, in what it said would be an "unprecedented" move.
The Legal Aid Agency - the department of the Ministry of Justice which provides legal aid and advice in England and Wales - has also been asked to consider whether legal aid arrangements should be temporarily restricted for any firm being investigated for misconduct.
In 2011, another inquiry into claims of abuse highlighted the death of hotel worker Baha Mousa with 93 injuries in British military custody, and blamed "corporate failure" at the Ministry of Defence for the use of banned interrogation methods in Iraq.In 2011, another inquiry into claims of abuse highlighted the death of hotel worker Baha Mousa with 93 injuries in British military custody, and blamed "corporate failure" at the Ministry of Defence for the use of banned interrogation methods in Iraq.
Defence Secretary Michael Fallon has criticised "ambulance-chasing British law firms" who he said were inhibiting soldiers on the battlefield who feared being hauled in front of the courts on their return.
He has argued there is "a strong case" for suspending the European human rights law when sending forces into action overseas.