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| David Cameron 'wrong to crack down on legal claims against Iraq veterans' | |
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| The army’s former chief legal adviser in Iraq has criticised David Cameron’s crackdown on legal claims against Iraq veterans. | The army’s former chief legal adviser in Iraq has criticised David Cameron’s crackdown on legal claims against Iraq veterans. |
| Lt Col Nicholas Mercer, now an Anglican priest, said the prime minister was wrong to characterise those raising concerns about military abuse as “money-grabbing lawyers”. | Lt Col Nicholas Mercer, now an Anglican priest, said the prime minister was wrong to characterise those raising concerns about military abuse as “money-grabbing lawyers”. |
| The prime minister has ordered a clampdown on lawyers pursuing claims against veterans of the Iraq war. A Number 10 source told the Press Association: “The prime minister is deeply concerned at the large number of spurious claims being made against members of our armed forces.” | The prime minister has ordered a clampdown on lawyers pursuing claims against veterans of the Iraq war. A Number 10 source told the Press Association: “The prime minister is deeply concerned at the large number of spurious claims being made against members of our armed forces.” |
| Mercer said the claims were not spurious and raised issues of “very high importance”, including the abuse of detainees in Iraq and Afghanistan and the beating to death by soldiers of the Iraqi hotel worker Baha Mousa. | Mercer said the claims were not spurious and raised issues of “very high importance”, including the abuse of detainees in Iraq and Afghanistan and the beating to death by soldiers of the Iraqi hotel worker Baha Mousa. |
| If cases were spurious, he asked, why had the Ministry of Defence agreed to pay millions of pounds in compensation to hundreds of victims of military abuse? | If cases were spurious, he asked, why had the Ministry of Defence agreed to pay millions of pounds in compensation to hundreds of victims of military abuse? |
| Speaking on BBC Radio 4’s Today programme, he said: “Part of the disconnect in all this is that the government have paid out £20m for 326 cases. Anyone who has fought the MoD knows they don’t pay out for nothing. So there are 326 substantiated claims at a cost of £20m, and almost no criminal proceedings to accompany it. You have to ask why.” | Speaking on BBC Radio 4’s Today programme, he said: “Part of the disconnect in all this is that the government have paid out £20m for 326 cases. Anyone who has fought the MoD knows they don’t pay out for nothing. So there are 326 substantiated claims at a cost of £20m, and almost no criminal proceedings to accompany it. You have to ask why.” |
| The government has already referred the law firm Leigh Day to the solicitors disciplinary tribunal as a result of the failure to disclose a key document to the £31m al-Sweady inquiry. | The government has already referred the law firm Leigh Day to the solicitors disciplinary tribunal as a result of the failure to disclose a key document to the £31m al-Sweady inquiry. |
| The inquiry concluded in December 2014 that allegations of war crimes following the Battle of Danny Boy on 14 May 2004 in southern Iraq were based on “deliberate lies, reckless speculation and ingrained hostility”. | The inquiry concluded in December 2014 that allegations of war crimes following the Battle of Danny Boy on 14 May 2004 in southern Iraq were based on “deliberate lies, reckless speculation and ingrained hostility”. |
| The government could pursue damages against legal firms who have made such claims. The Number 10 source said: “It would be unprecedented for the government to sue a law firm in this way, but if they are found to have acted improperly, then it will be the right thing to do. The public, and the soldiers who have been subject to malicious lies, would expect nothing less.” | The government could pursue damages against legal firms who have made such claims. The Number 10 source said: “It would be unprecedented for the government to sue a law firm in this way, but if they are found to have acted improperly, then it will be the right thing to do. The public, and the soldiers who have been subject to malicious lies, would expect nothing less.” |
| Leigh Day tweeted: | Leigh Day tweeted: |
| Mercer, who has received awards for his human rights work, said those raising concerns about mistreatment by British troops were not motivated by money. | Mercer, who has received awards for his human rights work, said those raising concerns about mistreatment by British troops were not motivated by money. |
| “Concerns were raised by me and others at the very outset of the Iraq war in 2003 about the mistreatment of prisoners by the British army. The International Committee of the Red Cross, we know from Baha Mousa and al-Sweady, sent up their concerns to the British government,” he said. | “Concerns were raised by me and others at the very outset of the Iraq war in 2003 about the mistreatment of prisoners by the British army. The International Committee of the Red Cross, we know from Baha Mousa and al-Sweady, sent up their concerns to the British government,” he said. |
| “In addition the European Centre for Constitutional and Human Rights has also raised its concerns with the international criminal court. So to polarise it as money-grabbing lawyers is simply wrong. There are plenty of us who have raised our concerns without any financial motive at all.” | “In addition the European Centre for Constitutional and Human Rights has also raised its concerns with the international criminal court. So to polarise it as money-grabbing lawyers is simply wrong. There are plenty of us who have raised our concerns without any financial motive at all.” |
| Sir Richard Dannatt, the former chief of the general staff, welcomed Cameron’s crackdown. He told Today: “Of course all members of the armed forces must act within the law, but what we’ve seen in recent years is a huge rise in the number of allegations made against British troops, particularly in Iraq, the vast majority of which are unsubstantiated. | Sir Richard Dannatt, the former chief of the general staff, welcomed Cameron’s crackdown. He told Today: “Of course all members of the armed forces must act within the law, but what we’ve seen in recent years is a huge rise in the number of allegations made against British troops, particularly in Iraq, the vast majority of which are unsubstantiated. |
| “Lawyers of less integrity than others have seen an opportunity to make money and have found potential victims of abuse or mishandling in Iraq and Afghanistan and are trying to make money out of it. That’s what the prime minister is trying to stop and he’s absolutely right.” | “Lawyers of less integrity than others have seen an opportunity to make money and have found potential victims of abuse or mishandling in Iraq and Afghanistan and are trying to make money out of it. That’s what the prime minister is trying to stop and he’s absolutely right.” |
| Mercer challenged Dannatt’s characterisation of the issue. He said: “These are cases of very high importance. I wouldn’t put it as Lord Dannatt has put it. The one case that has gone against the human rights lobby is al-Sweady, [but] the MoD has admitted liability in 326 cases already. That’s a huge number when you’ve admitted liability.” | Mercer challenged Dannatt’s characterisation of the issue. He said: “These are cases of very high importance. I wouldn’t put it as Lord Dannatt has put it. The one case that has gone against the human rights lobby is al-Sweady, [but] the MoD has admitted liability in 326 cases already. That’s a huge number when you’ve admitted liability.” |
| A spokesman for the human rights group Amnesty said: “Soldiers do a difficult and dangerous job, but they shouldn’t be above the law when it comes to the torture of detainees and other dreadful acts. | A spokesman for the human rights group Amnesty said: “Soldiers do a difficult and dangerous job, but they shouldn’t be above the law when it comes to the torture of detainees and other dreadful acts. |
| “We should be supporting the important principle that all credible allegations of unlawful killing, torture and unauthorised detention at the hands of our military are properly investigated, not swept aside.” | “We should be supporting the important principle that all credible allegations of unlawful killing, torture and unauthorised detention at the hands of our military are properly investigated, not swept aside.” |