Amendment 18 would also extend the circumstances in the Bill for inquests to be held with a jury. There are two new instances: where the deceased was undertaking training carried out by Her Majesty’s forces and where the deceased was under 18 and serving in Her Majesty’s forces, and in both cases the death was violent or unnatural, or the cause unknown. I am indebted to the help of the Royal British Legion in formulating this amendment.
Military training can be conducted on a 24-hour basis, with individuals living on camp. Some training courses are designed to push people to their physical and mental limits. All of this may increase their vulnerability and necessitate additional safeguards. In the unfortunate case that something goes wrong, my amendment would allow for additional scrutiny of the conduct of the defence authorities, where this additional duty is owed by the state due to the nature of the activity. Similarly, for those under 18, additional safeguards are needed to ensure that increased risks due to age, immaturity and vulnerability have been assessed and reduced.
The Blake report, The Deepcut Review, included a recommendation that only when individuals reached 18 should they be engaged in full military duties, recognising that additional maturity is needed to cope with the strains of military life. Blake also recommended that the training environment of young people be extended and dedicated to their needs. Although these recommendations have not been taken forward by the Ministry of Defence, there is legislation in place to protect young people in the workplace, not least the Management of Health and Safety at Work Regulations, which provide additional duties to control the risks of young people at work, and the UN Convention on the Rights of the Child, which prevents those under 18 from being actively deployed.
My amendment would ensure that, where a death occurs, there is additional scrutiny into the circumstances and that the lessons learnt can be followed up and implemented. These safeguards would help to ensure fair treatment for the youngest members of the Armed Forces, in line with the undertakings in Command Paper 7424, The Nation’s Commitment: Cross-government Support to our Armed Forces.
Coroners and Justice Bill
Proceeding contribution from
Lord Craig of Radley
(Crossbench)
in the House of Lords on Wednesday, 10 June 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
711 c687-8 
Session
2008-09
Chamber / Committee
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Subjects
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