House of Lords Parliamentary Questions: Civilian Harm Compensation

On 28 June 2023, Lord Hodgson of Astley Abbotts tabled the following questions in the House of Lords regarding the United Kingdom’s record on civilian harm compensation in overseas operations. Answers were provided by Baroness Goldie on behalf of the Ministry of Defence on 12 July 2023.

Baroness Goldie, the Ministry of Defence, has provided the following answer to your written parliamentary question (HL8875):

Question:
To ask His Majesty's Government what is the (1) lowest, and (2) highest, individual payments made by the UK as a result of (a) civilian death or injury, and (2) property damage, resulting from overseas operations since 1 January 2003. (HL8875) 

Tabled on: 28 June 2023

This question was grouped with the following question(s) for answer:

  1. To ask His Majesty's Government when, since 1 January 2003, the UK first made a payment in response to (1) civilian death or injury, or (2) property damage, resulting from overseas operations. (HL8871) 
    Tabled on: 28 June 2023 

  2. To ask His Majesty's Government what were the overseas operational theatres in respect ofwhich the UK has made payments as a result of (1) civilian death or injury, or (2) property damage, since 1 January 2003. (HL8872) 
    Tabled on: 28 June 2023 

  3. To ask His Majesty's Government how many individual payments the UK has made as a result of (1) civilian death or injury, or (2) property damage, in respect of each overseas operational theatre in which it was engaged since 1 January 2003. (HL8873) 
    Tabled on: 28 June 2023 

  4. To ask His Majesty's Government what is the total monetary amount of financial payments made by the UK in response to (1) civilian death or injury, or (2) property damage, which resulted from acts carried out by UK Armed Forces during overseas operations since 1 January 2003, including (a) formal compensation claims under the Human Right Act 1998, and (b) condolence or ex gratia payments to affected family members or next of kin. (HL8874) 
    Tabled on: 28 June 2023 

Answer:
Baroness Goldie: 

The first payments were made by the Area Claims Office in Iraq in June 2003.

The overseas operational theatres concerned were Iraq and Afghanistan.

There are two categories of claims for compensation - Category 1 those brought before the UK Courts and handled by officials in the MOD and Category 2 those handled by the Area Claims Offices staffed by UK personnel based in the overseas operational theatre.

Iraq

Category 1 - civil litigation

(1) Compensation payments have been made on 738 individual claims in respect of civilian death or injury.

(2) In terms of property claims, no payments have been made

Category 2 - Area Claims Office - Iraq

Information has been extracted from the register that was compiled by staff in the Area Claims Office in Iraq who held the post between 2003 and 2009. Compensation payments have been made on over 1,000 individual claims in respect of civilian death or injury and or property.

Afghanistan

Category 1 - civil litigation

(1) Compensation payments have been made on 17 individual claims in respect of civilian death or injury.

(2) Compensation payments have been made on 1 individual claim in respect of property damage since 1 January 2003.

Category 2 - Area Claims Office Afghanistan

Information has been extracted from the register that was compiled by the staff in the Area Claims Office in Afghanistan who held the post between 2006 and 2014. Compensation payments have been made on over 4,000 individual claims in respect of civilian death or injury and or property.

In respect of civilian death or injury £27.3 million has been paid relating to claims brought in the UK and £2,245 in respect of property damage claims. These payments include Human Rights Act elements.

Some £7.3 million has been made in ex gratia payments for civilian death or injury and property damage by the Area Claims Offices in Iraq and Afghanistan.

The lowest payment for (a) civilian death or injury is $50 paid by the Area Claims Office Afghanistan and the lowest payment for (b) property damage is $10.27 paid by the Area Claims Office Afghanistan.

The highest individual payment for civilian injury or death is £1.5 million and includes ongoing annual periodic payments.

The highest payment for property damage is $232,400 by the Area Claims Office Afghanistan.

Date and time of answer: 12 Jul 2023 at 17:23.

The answer was published on the Parliament web site approximately 45-90 minutes after the Member is notified of a response. You can view it here: http://www.parliament.uk/writtenanswers

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Avoiding civilian harm in partnered military operations: The UK’s responsibility