PARLIAMENTARY WRITTEN QUESTION
Independent Inquiry into Alleged Unlawful Activity by British Armed Forces during Deliberate Detention Operations in Afghanistan (18 January 2023)

To ask the Secretary of State for Defence, if his Department will fund independent legal representation for any serving or former members of the armed forces who are required to give evidence to the Independent inquiry into alleged unlawful activity by British armed forces during deliberate detention operations in Afghanistan chaired by Lord Justice Sir Charles Haddon-Cave.

Asked by:
James Wild (Conservative)

All current and former service and civilian personnel who are subject to legal proceedings as a consequence of their actions during service or employment, or who may give evidence in legal proceedings in connection with their official duties, are entitled to legal representation.

An individual acting in accordance with their employment or service will generally be offered representation by Government Legal Department (GLD) in England and Wales; Morton Fraser (MF) in Scotland; and the Crown Solicitor (CSO) in Northern Ireland.

Circumstances where the fees of other solicitors may be agreed will generally only include where there is a potential conflict of interest with the Department, or where GLD/MF/CSO do not have appropriate expertise or capacity to provide representation.

Answered by:
Dr Andrew Murrison (Conservative)
26 January 2023