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UK government looks to stop 'spurious' legal claims against soldiers UK government looks to stop 'spurious' legal claims against soldiers
(7 months later)
The national security council (NSC) is to draw up plans to ensure soldiers returning from war do not face supposedly “spurious” legal claims, Downing Street has announced.The national security council (NSC) is to draw up plans to ensure soldiers returning from war do not face supposedly “spurious” legal claims, Downing Street has announced.
The latest government initiative comes as ministers launch increasingly vehement attacks on law firms that have brought civil cases against Iraq veterans, and continuing investigations by the Iraq historic allegations team (Ihat).The latest government initiative comes as ministers launch increasingly vehement attacks on law firms that have brought civil cases against Iraq veterans, and continuing investigations by the Iraq historic allegations team (Ihat).
Related: How many Iraqis were killed or abused by British soldiers? We may never know
David Cameron has asked the NSC to “stamp out” what he described as an industry trying to profit from soldiers. He said: “It is clear that there is now an industry trying to profit from spurious claims lodged against our brave servicemen and women who fought in Iraq.David Cameron has asked the NSC to “stamp out” what he described as an industry trying to profit from soldiers. He said: “It is clear that there is now an industry trying to profit from spurious claims lodged against our brave servicemen and women who fought in Iraq.
“This is unacceptable and no way to treat the people who risk their lives to keep our country safe. It has got to end.”“This is unacceptable and no way to treat the people who risk their lives to keep our country safe. It has got to end.”
The NSC meeting is scheduled for next month. The prime minister and the defence secretary, Michael Fallon, are members. Other cabinet ministers may attend.The NSC meeting is scheduled for next month. The prime minister and the defence secretary, Michael Fallon, are members. Other cabinet ministers may attend.
Leigh Day and Public Interest Lawyers, the law firms whose handling of Iraqi claims ministers have referred to the Solicitors Regulation Authority, maintain that Iraqis’ claims of abuse at the hands of British soldiers are legitimate, that the army should not be above the law and that war crimes were committed.Leigh Day and Public Interest Lawyers, the law firms whose handling of Iraqi claims ministers have referred to the Solicitors Regulation Authority, maintain that Iraqis’ claims of abuse at the hands of British soldiers are legitimate, that the army should not be above the law and that war crimes were committed.
Related: David Cameron calls for action on 'spurious claims' against Iraq veterans
The government’s proposals for action will be to speed up the introduction of a residence test to prevent those who have not lived in the UK for a year from claiming legal aid, imposing fresh restrictions on “no win, no fee” funding agreements and strengthening the investigative powers used against law firms that allegedly abuse legal procedures.The government’s proposals for action will be to speed up the introduction of a residence test to prevent those who have not lived in the UK for a year from claiming legal aid, imposing fresh restrictions on “no win, no fee” funding agreements and strengthening the investigative powers used against law firms that allegedly abuse legal procedures.
Time limits could also be introduced on bringing claims for compensation. Any limits, it is said, would only apply to civil claims. Parachute Regiment veterans are currently under criminal investigation over the Bloody Sunday shootings in 1972.Time limits could also be introduced on bringing claims for compensation. Any limits, it is said, would only apply to civil claims. Parachute Regiment veterans are currently under criminal investigation over the Bloody Sunday shootings in 1972.
A Downing Street spokesperson said any legal changes would be consistent with the UK’s obligations under the European convention on human rights. The proposals have not been linked to separate government plans to scrap the Human Rights Act.A Downing Street spokesperson said any legal changes would be consistent with the UK’s obligations under the European convention on human rights. The proposals have not been linked to separate government plans to scrap the Human Rights Act.
Cameron said: “The national security council will produce a comprehensive plan to stamp out this industry, including proposals to clamp down on ‘no win, no fee’ schemes used by law firms, speeding up the planned legal aid residence test and strengthening investigative powers and penalties against firms found to be abusing the system.Cameron said: “The national security council will produce a comprehensive plan to stamp out this industry, including proposals to clamp down on ‘no win, no fee’ schemes used by law firms, speeding up the planned legal aid residence test and strengthening investigative powers and penalties against firms found to be abusing the system.
“We will also take firm action against any firms found to have abused the system in the past to pursue fabricated claims.”“We will also take firm action against any firms found to have abused the system in the past to pursue fabricated claims.”
Responding to the prime minister’s comments, Public Interest Lawyers said: “The prime minister’s personal intervention is unprecedented. The doctrine that there is a separation of powers between the executive and the judiciary is one of the foundations of the UK’s constitution.Responding to the prime minister’s comments, Public Interest Lawyers said: “The prime minister’s personal intervention is unprecedented. The doctrine that there is a separation of powers between the executive and the judiciary is one of the foundations of the UK’s constitution.
“What Mr Cameron is proposing is unconstitutional and will be vehemently resisted. The political pressures being mounted upon lawyers and now the Legal Aid Agency expose this government to be one that wants to intervene in the proper progression of credible claims before the courts.“What Mr Cameron is proposing is unconstitutional and will be vehemently resisted. The political pressures being mounted upon lawyers and now the Legal Aid Agency expose this government to be one that wants to intervene in the proper progression of credible claims before the courts.
“It exposes itself as a government that is willing to undermine the application of the rule of law itself. The UK has a proud tradition of recognising that there have to be checks and balances of executive power. In introducing the Human Rights Act the UK was demonstrating that it believed that an individual’s rights and dignity have to be preserved, that there should be access to justice for all and that human rights are universal.”“It exposes itself as a government that is willing to undermine the application of the rule of law itself. The UK has a proud tradition of recognising that there have to be checks and balances of executive power. In introducing the Human Rights Act the UK was demonstrating that it believed that an individual’s rights and dignity have to be preserved, that there should be access to justice for all and that human rights are universal.”
Downing Street said that of 59 cases which Ihat has looked at so far, only one was referred to the director of service prosecutions, who decided not to take a prosecution forward. A further 34 cases were closed with no disciplinary action, while many other cases were still being investigated, it said.Downing Street said that of 59 cases which Ihat has looked at so far, only one was referred to the director of service prosecutions, who decided not to take a prosecution forward. A further 34 cases were closed with no disciplinary action, while many other cases were still being investigated, it said.
In 2014, as the allegations mounted, the international criminal court at The Hague announced that it was conducting a preliminary examination to establishe whether they warranted a full investigation.In 2014, as the allegations mounted, the international criminal court at The Hague announced that it was conducting a preliminary examination to establishe whether they warranted a full investigation.
That examination is continuing. In a report published last November, the court said the allegations included:That examination is continuing. In a report published last November, the court said the allegations included:
• 259 of unlawful killing, including 47 Iraqis who reportedly died in British military custody• 259 of unlawful killing, including 47 Iraqis who reportedly died in British military custody
• 1,009 cases of torture and other forms of ill-treatment• 1,009 cases of torture and other forms of ill-treatment
• 19 allegations of rape• 19 allegations of rape
• 26 claims of other forms of sexual violence• 26 claims of other forms of sexual violence
Lt Col Nicholas Mercer, who was the British army’s most senior lawyer in Iraq after the 2003 invasion, told BBC Radio 4’s Today programme on Friday that he had raised concerns about the abuse of prisoners.Lt Col Nicholas Mercer, who was the British army’s most senior lawyer in Iraq after the 2003 invasion, told BBC Radio 4’s Today programme on Friday that he had raised concerns about the abuse of prisoners.
Related: David Cameron 'wrong to crack down on legal claims against Iraq veterans'
“Simply to polarise it as money-grabbing lawyers is simply wrong,” he said. “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.“Simply to polarise it as money-grabbing lawyers is simply wrong,” he said. “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.
“The government has paid out £20m for 326 cases to date. Anyone who has fought the MoD knows that they don’t pay out for nothing.”“The government has paid out £20m for 326 cases to date. Anyone who has fought the MoD knows that they don’t pay out for nothing.”
Mercer, who has left the army and is now an Anglican clergyman, told a public inquiry into the death of Baha Mousa, an Iraqi hotel receptionist tortured to death by British troops in September 2003, that he had witnessed a number of violations of the Geneva conventions.Mercer, who has left the army and is now an Anglican clergyman, told a public inquiry into the death of Baha Mousa, an Iraqi hotel receptionist tortured to death by British troops in September 2003, that he had witnessed a number of violations of the Geneva conventions.
In a statement to the inquiry, he said that he had been shocked to see the use of stress positions and hooding by British troops serving with a unit called the joint forward interrogation team. Mercer had reported this to the commanding officer of the 1st (United Kingdom) Division.In a statement to the inquiry, he said that he had been shocked to see the use of stress positions and hooding by British troops serving with a unit called the joint forward interrogation team. Mercer had reported this to the commanding officer of the 1st (United Kingdom) Division.
Some subsequent interrogations were captured on videos that were disclosed at the high court in London.Some subsequent interrogations were captured on videos that were disclosed at the high court in London.
The Falklands war veteran Simon Weston, 54, who became nationally known for his recovery and charity work after being badly burned in the conflict, said he had “huge concern” over how many legal claims against servicemen could be legitimate.The Falklands war veteran Simon Weston, 54, who became nationally known for his recovery and charity work after being badly burned in the conflict, said he had “huge concern” over how many legal claims against servicemen could be legitimate.
“You have snipers being called into question who have judgment calls to make ... It is so wrong that other people back here in their little ivory white towers in their comfy, cosy armchairs by the fireside, once they have gone after the ambulance-chaser van, then decide to judge that person,” he told the Press Association.“You have snipers being called into question who have judgment calls to make ... It is so wrong that other people back here in their little ivory white towers in their comfy, cosy armchairs by the fireside, once they have gone after the ambulance-chaser van, then decide to judge that person,” he told the Press Association.
“Nobody ever should be above the law. But don’t sit back here in your idle judgment just because it’s a job for you.”“Nobody ever should be above the law. But don’t sit back here in your idle judgment just because it’s a job for you.”
The London mayor, Boris Johnson, also criticised lawyers whom he said unfairly went after military personnel. “They have ambulance-chasing lawyers, who frankly don’t make their lives any easier with some of the cases they try to bring, and make it very hard for them to do their jobs,” he told PA.The London mayor, Boris Johnson, also criticised lawyers whom he said unfairly went after military personnel. “They have ambulance-chasing lawyers, who frankly don’t make their lives any easier with some of the cases they try to bring, and make it very hard for them to do their jobs,” he told PA.