Committees

The Government’s proposed derogation from the ECHR inquiry

Inquiry

Written submissions are invited from interested groups and individuals focusing on the following issues:

  • What evidence supports the Government’s view that "our legal system has been abused to level false charges against our troops on an industrial scale"?
  • What evidence supports the Government’s view that the extra-territorial applicability of the ECHR undermines the operational effectiveness of the Armed Forces?
  • Are the substantive requirements of Article 15 ECHR likely to be satisfied in the circumstances in which the Government intends to derogate?
  • Are there alternatives to derogation which would achieve the Government’s objective of protecting the armed forces against unfounded legal claims?
  • Are there any wider implications of the UK derogating from the extra-territorial application of the Convention in military operations, such as effects on other countries or on the European system for the collective enforcement of human rights?
  • Should the derogating measures be contained in primary legislation?
  • Is it appropriate for the Ministry of Defence to have lead responsibility for a policy the purpose of which is to protect the MoD from legal claims?