The Ministry of Defence should lose its historic immunity from prosecution when armed forces personnel are killed during training, the Commons defence committee has said.
A detailed report by MPs, published on Sunday, concludes that the MoD should be liable for corporate manslaughter charges when there is a serious failing in its duty of care. “The lives of serving personnel are worth no less than those of civilians and those responsible for their deaths must be equally liable under the law,” the committee said.
Between 1 January 2000 and 20 February 2016, 135 armed forces personnel died in non-combat incidents, mainly on training exercises. During that period 11 “crown censures” were recorded, the maximum sanction possible that can be issued to the MoD by the Health and Safety Executive, the body charged with overseeing workplace safety.
Yet the MoD is exempt from criminal prosecution through a privilege called crown immunity, a privilege that has prompted the longstanding criticism that it allows defence officials to avoid being held to account for its health and safety record.
The MoD received its latest crown censure last month over the deaths of three SAS recruits who suffered heat illness during a training exercise in the Brecon Beacons, Wales. However, crown immunity meant that defence officials escaped prosecution over the deaths of reservists Cpl James Dunsby and L/Cpls Edward Maher and Craig Roberts.
On Wednesday, unions claimed that six soldiers could have been killed because of defence cuts at British live firing ranges, describing how a group of Gurkhas walked into the “arc of fire” shortly before practice shooting began on a Kent training ground.
Lawyers acting on behalf of families have welcomed the findings of the defence sub-committee which also strongly endorsed the need to retain crown immunity during actual combat operations.
Hilary Meredith, chief executive at Hilary Meredith Solicitors, who gave evidence at the parliamentary inquiry and has campaigned for years to end crown immunity, said: “When mistakes happen the buck should stop at the top. For too long, the MoD as a corporation has hidden behind crown immunity.
“We are not talking about unfortunate accidents here – we are talking about a blatant disregard for life.
“It is a fact that more men and women die while 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.”
Philippa Tuckman, a partner at Hilary Meredith, who also gave evidence at the inquiry, added: “The recommendations in this report will save lives if they are followed by the government and MoD.
“It is very sad that the MoD has resisted this for so long. I hope it will now acknowledge gracefully that the tide has turned against that position and in favour of openness and equality of treatment for the members of our armed services under the law.
The chair of the sub-committee, Labour MP Madeleine Moon, said: “Where a crown censure has been issued, it should be possible to prosecute the MoD. The lives of serving personnel are worth no less than those of civilians and those responsible for their deaths must be equally liable under the law.”
While the report found no systemic failings in the policies for managing risk during training and selection events, it argued that the MoD had not always achieved the correct balance between adequate training and risk.
However, the report argues that training should remain rigorous because it was important for troops to be properly prepared for armed conflict.
Tuckman said: “This will take a culture change across all the services, but unnecessary deaths and injuries simply cannot be avoided unless it happens.”