Richard has long supported the campaign to end repeated and vexatious claims made against British service personnel and supported the Overseas Operations Bill, which is now law (2021). He also backs the Northern Ireland Troubles (Legacy and Reconciliation) Bill (2023), which is intended to draw a line under the events of the past.
The Legacy Bill has been controversial because opponents say it will remove access to justice for victims and relatives of those affected by the Troubles in Northern Ireland. The Bill would stop new Troubles-era cases and inquests from starting, and offer a conditional amnesty to those accused of killings. If implemented, the law would apply to former members of the security forces and to ex-paramilitaries.
History of the campaign - 'lawfare' necessitating the Overseas Operations Bill
Richard has long supported the campaign to end repeated and vexatious claims made against British service personnel, primarily after overseas operations.
A barrage of 'lawfare,' was mainly pursued by unscrupulous lawyers who trawled for potential clients across former battlefields, abusing human rights legislation to fatten their wallets.
Over 4,000 allegations of torture, murder and other abuses were made against British soldiers in Iraq and Afghanistan after 2003. There were five main inquiries, as follows:
Al-Sweady Inquiry 2009
Report December 2014 concluded detainees subjected to actual or possible ill-treatment. BUT vast majority of the allegations were found to be wholly without merit or justification, and the result of deliberate and calculated lies, or inappropriate and reckless speculation.
Phil Shiner, of Public Interest Lawyers (responsible for large proportion of claims), was struck off in 2017.
Iraq Historic Allegations Team (IHAT)
2003-2009 IHAT set up in 2010 under Rome Statute after ECHR determined that UK had a duty under the Human Rights Convention to investigate allegations of death and ill treatment.
Of 3400 allegations of unlawful killings and ill treatment, 70% deemed no case to answer. Phil Shiner strike off allowed IHAT to dismiss many allegations. IHAT closed 2017.
Service Policy Legacy Investigations (SPLI)
Legal duty to investigate allegations remained, so Service Police inherited remainder of investigations – 1260 claims – from IHAT. Plus 27 more.
By 30 June 2020, the SPLI had closed, or was in the process of closing, 1,213 allegations, either on the grounds of proportionality or because of a lack of evidence.
Iraq Fatalities Investigation (IFI)
Established after High Court determined investigation required by Article 2 of ECHR.
Like an inquest – doesn’t decide on liability – just for information for families of deceased
Concluded 7 cases. One ongoing (Saeed Al Bazooni, May 2003)
Operation Northmoor
Independent 2014 RMP investigation into UK detentions in Afghanistan 2005-2013
675 allegations from 159 individuals
By July 2017, 90% discontinued because “no evidence of criminal or disciplinary offence”
July 2019, wound up. No case ever prosecuted by Independent Service Prosecuting Authority
The Overseas Operations Bill, which became law in September 2021, ensures that those who uphold the highest standards in the heat of battle are given essential, legal protections. Only in exceptional cases will serving soldiers or veterans face prosecution for alleged offences committed outside the UK more than five years ago, and cases will not be allowed to roll on for years. Service personnel who commit crimes or flout the Geneva Convention will still feel the full force of the law.
The Bill also makes it simpler for service personnel to bring civil claims against the MOD for personal injuries, death and claims under the Human Rights Act, so long as claims are brought within six years of the point of knowledge of an injury.
Richard believes that this is an overdue acknowledgement of the debt we owe our brave Armed Forces, who are still the best in the world. With this Bill, he believes they will no longer be sent into harm's way on our behalf without the assurance that they, in turn, will be protected.
Many of the recommendations came from MPs, many of them armed forces veterans or reserves themselves, who asked questions in the House and made submissions to an inquiry closing in July 2018.
The Armed Forces Covenant
Richard wholeheartedly backs the Armed Forces' Covenant; the promise that together we acknowledge and understand that those who serve or have served in the Armed Forces, and their families, should be treated with fairness and respect in the communities, economy, and society they serve with their lives.
Recognising the unique obligations of, and sacrifices made by, the Armed Forces: those who serve in the Armed Forces, whether Regular or Reserve, those who have served in the past, and their families, should face no disadvantage compared to other citizens in the provision of public and commercial services.
Special consideration is appropriate in some cases, especially for those who have given most such as the injured and the bereaved.