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

Public Bill Committee, House of Commons, Parliament of the United Kingdom, 2020

6 Pages Posted: 9 Dec 2020

See all articles by Samuel Beswick

Samuel Beswick

Peter A. Allard School of Law, University of British Columbia; Harvard Law School

Date Written: October 12, 2020

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

Suggested Citation

Beswick, Samuel, Submission to House of Commons Public Bill Committee on Overseas Operations (Service Personnel and Veterans) Bill 2019-21 (October 12, 2020). Public Bill Committee, House of Commons, Parliament of the United Kingdom, 2020, Available at SSRN: https://ssrn.com/abstract=3709520 or http://dx.doi.org/10.2139/ssrn.3709520

Samuel Beswick (Contact Author)

Peter A. Allard School of Law, University of British Columbia ( email )

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Vancouver, British Columbia V6T 1Z1
Canada

HOME PAGE: http://allard.ubc.ca/about-us/our-people/samuel-beswick

Harvard Law School ( email )

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Cambridge, MA 02138
United States

HOME PAGE: http://scholar.harvard.edu/beswick

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