Lawyer’s campaign against MoD succeeds
A PARLIAMENTARY Inquiry has agreed that the Ministry of Defence must be held more accountable when soldiers die in training exercises, after a Wilmslow lawyer gave evidence.
The Defence Committee said that the Ministry of Defence should be subject to corporate manslaughter charges and lose its crown immunity when there is a blatant disregard for life – according to a report, Beyond Endurance? Military exercise and the duty of care.
Hilary Meredith, chief executive at Hilary Meredith Solicitors in Wilmslow gave evidence at the Parliamentary Inquiry.
She said: “For all the families who I have represented over the years and have lost loved ones in training accidents this is an acknowledgment of their losses and at last a recommendation for corporate responsibility to apply to the MoD.
“I think many members of the armed forces accept that if they are in wartime situation and they are either injured or killed then that’s part and parcel of their employment. But if there are on manoeuvres or training they don’t expect to be injured or killed.”
The 1974 Health and Safety at Work Act, which is meant to cover all employees, also applies to the armed forces.
However, the MoD has been exempt from criminal prosecution for serious breaches of the rules through a privilege called Crown immunity – something Meredith has long campaigned for this to end.
She said: “As a lawyer, having given evidence at the Inquiry and been involved in investigating accidents and deaths while practising for War, for over 27 years, I applaud the Select Defence Committee on understanding the seriousness of these issues.
“Making its recommendation that the MoD should be subject to corporate prosecution when there is a reckless disregard for life is a major leap forward in recognising that, like everyone else in modern society, when mistakes happen the buck should stop at the top.
“For too long, the MoD as a corporation has hidden behind crown immunity.
“It is a fact that more men and women die whilst training for war than in war – and this cannot be acceptable on any front. We acknowledge that training has to be realistic but not to the point of death. There is, and always has been a lack of understanding in the military from the top, that systems have to be in place to reduce death and injury whilst training.“
“We are not talking about unfortunate accidents here – we are talking about a blatant disregard for life. Only this week we heard of another fatality on a firing range due to the lack of safety officers on the ground.
“In the Brecon Beacons, three men lost their lives in one incident. That is atrocious. The MoD should hold its head in shame and accept responsibility. It is far too easy to blame the individual on the ground. The MoD can no longer hide behind Crown immunity, painful lessons will be learnt. 27 years on and at last there will be change.”
