Overseas Operations (Service Personnel and Veterans) Bill — New Clause 5 — Restrictions on Time Limits: Actions Brought Against the Crown by Service Personnel — 3 Nov 2020 at 18:00

The majority of MPs voted not to exclude legal actions against the United Kingdom brought by serving or former members of the armed services from proposed, more restrictive, time limits on actions in respect of personal injuries, death or human rights claims which relate to overseas operations of the armed forces.

MPs were considering the Overseas Operations (Service Personnel and Veterans) Bill. [1]^[2]

The proposed new clause rejected in this vote was titled: Restrictions on Time Limits: Actions Brought Against the Crown by Service Personnel and stated:

• "Nothing in this Part applies to any action brought against the Crown by a person who is a member or former member of the regular or reserve forces, or of a British overseas territory force to whom section 369(2) of the Armed Forces Act 2006 (persons subject to service law) applies."

The rejected new clause was accompanied by the following explanatory statement from its proposer:

• "This new clause amends Part 2 of the Bill so that it explicitly excludes actions brought against the Crown by serving or former service personnel from the limitations on courts’ discretion that the Part imposes in respect of actions relating to overseas operations."

Only the explanatory statement appears to indicate which part of the Bill the new clause was intended to be inserted into.

Part 2 of the Bill, with Schedule 2 amends the rules governing the court’s discretion to disapply the three-year time limit for bringing claims for personal injuries and deaths and provides that the limitation period cannot be extended beyond six years.

Notably it appears the rejected new clause may not have applied to the Scottish courts which were dealt with via Part 3 of the Bill.

The motion rejected by the majority of MPs in this vote was:

• That the clause be added to the Bill.

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• [1] Parliament's webpage on the Overseas Operations (Service Personnel and Veterans) Bill, Parliament.uk
• [2] Explanatory notes to the Overseas Operations (Service Personnel and Veterans) Bill, 18 March 2020, Parliament.uk
• [3] Amendment paper for the House of Commons' consideration of the Overseas Operations (Service Personnel and Veterans) Bill on 3 November 2020, Parliament.UK.

Debate in Parliament |