Submission to House of Commons Public Bill Committee on Overseas Operations (Service Personnel and Veterans) Bill 2019-21

Abstract

The Overseas Operations (Service Personnel and Veterans) Bill (the Bill) creates special immunities from the ordinary law for the Crown and its service personnel, in violation of the long-recognised British constitutional principle of equal subjection of all to the ordinary law.

The proposed amendments to the UK’s limitation regime should be rejected.

The proposed abolishment of prosecutorial discretion to prosecute alleged offences committed on overseas operations after more than 5 years should be rejected.

If this Parliament considers limitation law reform a priority, it should revisit the proposal for comprehensive reform recommended by the Law Commission of England and Wales, Limitation of Actions (Report No.270, 2001).

Keywords: limitations, long-stop, backstop, Dicey, rule of law, equality principle, qualified immunity, officer immunity, personal injury, retroactive, retrospective, prosecutorial discretion