Overseas Operations (Service Personnel and Veterans) Bill — Duty Of Care To Service Personnel — 21 Apr 2021 at 16:40

The majority of MPs voted against establishing a duty of care standard in relation to legal, pastoral and mental health support provided to service personnel involved in investigations or litigation arising from overseas operations.

MPs were considering the Bill^[1][2][3]

The motion supported by a majority of MPs in this vote was:

• That this House disagrees with Lords amendment 5

Lords amendment 5 was presented under a title: After Clause 12 and began^[4]:

• Insert the following new Clause—
• “Duty of care to service personnel
• (1) The Secretary of State must establish a duty of care standard in relation to legal, pastoral and mental health support provided to service personnel involved in investigations or litigation arising from overseas operations, as defined in subsection (6) of section 1.
• (2) The Secretary of State must lay a copy of this standard before Parliament within six months of the date on which this Act is passed.
• (3) The Secretary of State must thereafter in each calendar year—
• (a) prepare a duty of care update, and
• (b) include the update in the Armed Forces Covenant annual report when it is laid before Parliament.
• (4) The duty of care update is a review about the continuous process and improvement to meet the duty of care standard established in subsection
• (1), in particular in relation to incidents arising from overseas operations of—
• (a) litigation and investigations brought against service personnel for allegations of criminal misconduct and wrongdoing;
• (b) civil litigation brought by service personnel against the Ministry of Defence for negligence and personal injury;
• (c) judicial reviews and inquiries into allegations of misconduct by service personnel;
• (d) such other related fields as the Secretary of State may determine.”
• ...

The explanatory notes to the Lords amendments state^[5]:

• Lords Amendment 5 would require the Secretary of State to establish and lay before Parliament, within 6 months of the Bill receiving Royal Assent, a duty of care standard in relation to legal, pastoral and mental health support provided to service personnel involved in investigations or litigation arising from overseas operations.
• Subsection (3) would require the Secretary of State to prepare an annual duty of care update to be included in the Armed Forces Covenant annual report. Subsections (4) and (5) set out what should be covered by the annual update

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• [1] Parliament's webpage on the Overseas Operations (Service Personnel and Veterans) Bill, Parliament.uk
• [2] Overseas Operations (Service Personnel and Veterans) Bill, as introduced, 18 March 2020, Parliament.uk
• [3] Explanatory notes to the Overseas Operations (Service Personnel and Veterans) Bill, November 2020, Parliament.uk
• [4] Lords amendments to the Overseas Operations (Service Personnel and Veterans) Bill, 19 April 2021, Parliament.uk
• [5] Explanatory notes to the Lords amendments to the Overseas Operations (Service Personnel and Veterans) Bill, 19 April 2021, Parliament.uk

Debate in Parliament |