Time the MoD lost its Crown immunity

Criticism of the Ministry of Defence is being ramped up with specialist lawyers saying the MoD routinely ignores safety rules.

It doesn’t require much in the way of deduction to work out that the MoD’s immunity from prosecution it anomalously holds should now be brought into question.

The concept of ‘Crown immunity’ is long outdated. In the context of the armed forces, it means that the MoD cannot be prosecuted in criminal courts when negligence has resulted in the death or injury of serving military personnel. Its consequence has been that the UK Government remains untouchable, even in cases where it has been accused of serious errors.

When people join the armed forces, they know they may find themselves risking their lives. Mortal danger goes with the territory. In return for putting their lives on the line, however, they have a right to expect that the MoD will not put them in harm’s way unnecessarily.

Clearly, when the country goes to war there is an inherent risk that military personnel will potentially be put in danger. But that shouldn’t mean that the MoD – and by extension the UK Government – ceases to have any duty of care towards them. They deserve to be properly equipped, both in terms of the clothing they are expected to wear, and in terms of the weapons and ammunition available to them.

Just as important however, is the care of personnel during training exercises where the safety of those taking part must be paramount.

It may be quixotic to imagine a military culture free of macho behaviour, but it’s not acceptable for bullying to be tolerated in any circumstances. The army in particular seeks to channel the latent aggression of its recruits into military activity, but that justifies neither the repugnant activity known as “beasting” nor disregard for safety on exercises. Both can have devastating consequences and must be eradicated.

The MoD should be subject to the same criminal sanctions as any other employer whose negligence results in the death of workers.

As a government department responsible for many thousands of service men and women – but not for their welfare, apparently – it should surely be setting an example based on best practice.

We hope the Commons Defence Committee inquiry chaired by Bridgend MP Madeleine Moon will conclude that a change in the law is necessary, and that the possibility of criminal sanctions to which other employers have long been subject should be extended to the MoD. The Western Mail newspaper is published by Media Wales a subsidiary company of Trinity Mirror PLC, which is a member of IPSO, the Independent Press Standards Organisation. The entire contents of The Western Mail are the copyright of Media Wales Ltd. It is an offence to copy any of its contents in any way without the company’s permission. If you require a licence to copy parts of it in any way or form, write to the Head of Finance at Six Park Street.

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