Mod compensation claims crown immunity
Whilst it would seem that on paper the ministry of defence have to abide by the same employer rules on health and safety as any other employer the ministry of defence hides behind crown immunity.
The British military is killing more servicemen and women off the battlefield than are being lost in enemy action. Critics believe Crown immunity is preventing defence officials from being properly held to account for its poor health and safety record .
Many of the non-combat incidents occur as a result of poor training and vehicle accidents, equipment failure and this is not in combat zones but on friendly ground.
while criminal proceedings cannot be taken against the Crown, administrative procedures, known as Crown censures, are used in circumstances where it is HSE’s opinion that, but for Crown immunity, there would have been sufficient evidence to provide a realistic prospect of conviction in the courts. But this does not leave a level battle field to claim for compensation. It would seem the ministry of defense hides behind this rather than behaving like any other employer. If it had to behave like any other employer it would have to tighten up its unacceptable health and safety record.
The Ministry of Defence is exempt from criminal prosecution for serious breaches of the rules through a privilege called Crown immunity. Instead, the Health and Safety Executive (HSE), the body charged with overseeing workplace safety, issue what are known as Crown censures. Crown immunity should be removed and sanctions must be imposed where there are serious breaches of health and safety regulations.
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 to be killed because live ammunition got mixed up with blanks or other safety issues whilst training is not acceptable and the ministry like any other employer should be accountable.
These personal are prepared to fight for their country they should not die in accidents that could be prevented. There may be honour being killed in action where is the honour being killed because the ministry of defence would not heed health and safety issues.
Most of the personal being killed are young and have little pension to look forward to the ministry has at times allowed these personnel to be killed or injured in a peace time setting that then makes them spend years fighting for little if any compensation.
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