Next PM must stop ‘charade’ of endless inquiries into military veterans, MPS urge

A “RIDICULOUS charade” of vexatious investigations against Armed Forces veterans must be halted by the next prime minister, MPS have said.

The all-party Commons defence select committee has called on the next prime minister to bring forward proposals for a “presumption against prosecution” for alleged offences in military operations overseas, in the form of a draft Bill that should be made available for pre-legislative scrutiny.

Dennis Hutchings, 78, a former soldier from Cornwall who is undergoing dialysis, is facing a judge-only trial in Northern Ireland under rules introduced to deal with suspected terrorists. He said it had made his “final years a living hell”.

In its report, Drawing a Line: Protecting Veterans by a Statute of Limitations, the MPS warned that repeated investigations risked undermining morale. Last month, both Tory leadership contenders, Jeremy Hunt and Boris Johnson, backed a study by the think tank Policy Exchange which said the next prime minister must “act urgently to protect UK troops” from the risk of “unfair” legal processes.

It called on MPS to amend the Human Rights Act to specify that it should not apply to any death that took place before it came into force in 2000. While the committee stated that troops were not above the law, it said there was “something fundamentally wrong when veterans and current service personnel can be investigated and exonerated, only then to become trapped in a cycle of endless re-investigation”.

The committee welcomed plans by Penny Mordaunt, the Defence Secretary, to create a “statutory presumption” against prosecution for alleged offences committed in the course of duty abroad more than 10 years ago.

The legislation would stipulate that such prosecutions were not in the public interest unless there were “exceptional circumstances”, such as if compelling new evidence emerged.

But MPS said they were concerned the proposal would not cover those who served during the Troubles. Dr Julian Lewis, the committee chairman, said: “We believe in a ‘qualified statute of limitations’ – one that draws a line after a decade has elapsed.”

Johnny Mercer, a member of the committee and ex-army officer, added: “I and others fully expect the next prime minister to end this ridiculous charade and legislate to prevent abuses of the legal system by those who seek to rewrite history.”