British peacekeeping troops in Ukraine must have ‘lawfare' protection, MPs told
Ministers have been urged to give British troops 'maximum protection' from 'vexatious claims' in the courts if they are deployed to Ukraine on a peacekeeping mission.
Conservative MPs repeatedly pressed Defence Secretary John Healey to confirm the UK Government would consider derogating from the European Convention on Human Rights (ECHR) in the event of any deployment to remove the 'lawfare' risk.
Mr Healey stopped short of offering a specific commitment although he pointed to 2021 legislation designed to give stronger protections for service personnel and veterans facing the threat of legal proceedings in relation to events which occurred on historical overseas operations.
The UK is working with allies to develop plans for troops to be deployed across land, air or sea to safeguard any peace deal between Ukraine and Russia.
Speaking at defence questions, shadow defence secretary James Cartlidge told the Commons: 'If our forces go to Ukraine it will be as part of a peacekeeping mission.
'But, as the veterans minister (Alistair Carns) reminded us earlier, Operation Banner (in Northern Ireland) was also described as being there to keep the peace yet decades later those who served are being hounded in our courts and, in Iraq, our soldiers were subjected to hundreds of vexatious claims.
'So, if our forces go into Ukraine, will the Secretary of State consider derogating from the ECHR so as to maximise our protection against possible lawfare?'
Mr Healey replied: 'If we go into Ukraine, we will be going into a negotiated peace not a shooting war.
'Our aim is to secure borders, to ensure safe skies, to ensure safe seas.
'I'd just ask the honourable gentleman is he saying that he will not support a UK mission and UK troops without that derogation?'
Mr Cartlidge replied 'of course not', adding: 'The Secretary of State knows perfectly well that the Labour government derogated from the ECHR after 9/11 and there's a country in Europe which has derogated from the ECHR since 2015 – that is Ukraine, it's because there's a war on.
'And surely he would recognise, even if it's a peacekeeping force, there will still be threats and Russian nationals have been particularly adept at lawfare in our own courts.
'So, I ask him, surely he will at least consider giving the maximum protection to our armed forces from vexatious claims by derogating from the ECHR if there is a deployment?'
Mr Healey replied: 'Our armed forces will always have our fullest support. Just to be clear to the honourable gentleman, we are responding now, alongside France, to put together a coalition of the willing, responding to the challenge from the US for Europe to step up on Ukraine.
'We're responding to the requirement from Ukraine for security arrangements that will give them the conviction and confidence that any negotiated peace will last.
'That is a worthy mission, it's one the UK is leading and I would hope it has the support of all sides of this House.'
Conservative former minister Sir David Davis later pressed Mr Healey further on the issue, as he also noted the 'whole House' supports the Government's action to preserve peace in Ukraine.
Sir David said: 'That's not the point (Mr Cartlidge) was making. He's asking whether the Ministry of Defence recognises it has a duty of care to soldiers who fight for their country and then face decades of lawfare, misusing the European Convention on Human Rights.
'Will the department do something to protect those soldiers?'
Mr Healey replied: 'We are totally committed to the duty of care we have, totally committed to standing by our forces and we recognise there's also legislation the last government put in place to deal with any concerns in this place – the Overseas Operations Act.'
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