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Judge warns MoD on poor equipment Judge warns MoD on poor equipment
(about 1 hour later)
Sending British soldiers on patrol or into battle with defective equipment could breach their human rights, a High Court judge has ruled.Sending British soldiers on patrol or into battle with defective equipment could breach their human rights, a High Court judge has ruled.
In a test case over Scottish soldier Pte Jason Smith's death in Iraq, Mr Justice Collins said human rights laws could apply to troops serving abroad.In a test case over Scottish soldier Pte Jason Smith's death in Iraq, Mr Justice Collins said human rights laws could apply to troops serving abroad.
He also ruled the families of those killed in conflict should get legal aid and access to military documents.He also ruled the families of those killed in conflict should get legal aid and access to military documents.
The government is appealing against the court's decision on human rights.The government is appealing against the court's decision on human rights.
The rulings came during a request for military inquest guidelines in a case relating to Pte Smith, 32, from Hawick, in the Scottish Borders, who died of heatstroke in Iraq in 2003.The rulings came during a request for military inquest guidelines in a case relating to Pte Smith, 32, from Hawick, in the Scottish Borders, who died of heatstroke in Iraq in 2003.
Legal defeatLegal defeat
Lawyers for the Ministry of Defence (MoD) had argued it was impossible to give soldiers on active service the benefits of the Human Rights Act.Lawyers for the Ministry of Defence (MoD) had argued it was impossible to give soldiers on active service the benefits of the Human Rights Act.
But the High Court ruled service personnel were entitled to some legal protection "wherever they may be".But the High Court ruled service personnel were entitled to some legal protection "wherever they may be".
The decision was a legal defeat for Defence Secretary Des Browne.The decision was a legal defeat for Defence Secretary Des Browne.
He also had his attempt to ban coroners from using critical phrases such as "serious failure" rejected.He also had his attempt to ban coroners from using critical phrases such as "serious failure" rejected.
Catherine Smith, Pte Smith's mother, welcomed the court's decision and said she hoped other families would now not have to struggle in the same way she did to find out how their loved ones died.Catherine Smith, Pte Smith's mother, welcomed the court's decision and said she hoped other families would now not have to struggle in the same way she did to find out how their loved ones died.
"It was questions upon questions that we couldn't get - we couldn't get any information at all. And I think that's wrong. We should've had disclosure.""It was questions upon questions that we couldn't get - we couldn't get any information at all. And I think that's wrong. We should've had disclosure."
Jocelyn Cockburn, Mrs Smith's solicitor, said the ruling meant British soldiers sent abroad would "have the same human rights as any other British citizens and must be properly equipped when sent into battle".Jocelyn Cockburn, Mrs Smith's solicitor, said the ruling meant British soldiers sent abroad would "have the same human rights as any other British citizens and must be properly equipped when sent into battle".
'Common sense''Common sense'
Diane Dernie, the mother of L/Bombadier Ben Parkinson, from Yorkshire, who was injured in an explosion in Afghanistan last year, told the BBC the decision was "absolute common sense".Diane Dernie, the mother of L/Bombadier Ben Parkinson, from Yorkshire, who was injured in an explosion in Afghanistan last year, told the BBC the decision was "absolute common sense".
"How can you expect these soldiers to go out and risk everything and give their all and the government to not have any responsibility to ensure their equipment functions correctly and that they are provided with safety equipment?""How can you expect these soldiers to go out and risk everything and give their all and the government to not have any responsibility to ensure their equipment functions correctly and that they are provided with safety equipment?"
Scottish soldier Pte Jason Smith died of heatstroke in IraqScottish soldier Pte Jason Smith died of heatstroke in Iraq
Liberty director Shami Chakrabarti said it was now clear it was "not just the military covenant that protects our forces all over the world".Liberty director Shami Chakrabarti said it was now clear it was "not just the military covenant that protects our forces all over the world".
"Their fundamental right to dignity and fair treatment must be safeguarded as well.""Their fundamental right to dignity and fair treatment must be safeguarded as well."
But shadow defence secretary Liam Fox said it should not have taken a court decision for ministers to realise they had "a responsibility and a moral obligation" to ensure troops were the "best trained and best equipped in the world".But shadow defence secretary Liam Fox said it should not have taken a court decision for ministers to realise they had "a responsibility and a moral obligation" to ensure troops were the "best trained and best equipped in the world".
Liberal Democrat defence spokesman Nick Harvey described the ruling as a "shattering ruling for Des Browne" and said he hoped it would "wake the government up" to equipment shortages.Liberal Democrat defence spokesman Nick Harvey described the ruling as a "shattering ruling for Des Browne" and said he hoped it would "wake the government up" to equipment shortages.
HAVE YOUR SAYThe government has a moral obligation to equip those it sends into battle on our behalf properlyMatt Hennessy, LondonSend us your comments
However, Mr Browne told the BBC his department had come "a long way" in response to "the changing environment both in Iraq and Afghanistan" regarding equipment.However, Mr Browne told the BBC his department had come "a long way" in response to "the changing environment both in Iraq and Afghanistan" regarding equipment.
"So this is criticism which is dated criticism from a different time. It is not applicable to the troops that are presently deployed.""So this is criticism which is dated criticism from a different time. It is not applicable to the troops that are presently deployed."
He confirmed the MoD would be appealing against the ruling that sending British soldiers into battle with defective equipment could breach human rights.He confirmed the MoD would be appealing against the ruling that sending British soldiers into battle with defective equipment could breach human rights.
On the judge's rejection of the government's bid to stop coroners using critical language, the MoD said it had never attempted to prevent coroners from "undertaking independent investigations and making their findings public".On the judge's rejection of the government's bid to stop coroners using critical language, the MoD said it had never attempted to prevent coroners from "undertaking independent investigations and making their findings public".