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Soldier rights decision 'shortly' Soldier rights decision 'shortly'
(20 minutes later)
The defence secretary will decide "shortly" whether to appeal against a court ruling which said troops must be protected by the Human Rights Act.The defence secretary will decide "shortly" whether to appeal against a court ruling which said troops must be protected by the Human Rights Act.
John Hutton told MPs the decision could leave the Ministry of Defence open to routine legal challenges.John Hutton told MPs the decision could leave the Ministry of Defence open to routine legal challenges.
Last month, the Court of Appeal upheld a decision that the Act applied to all UK troops, even on the battlefield.Last month, the Court of Appeal upheld a decision that the Act applied to all UK troops, even on the battlefield.
The rulings centred on a case brought by the family of Pte Jason Smith, who died of heatstroke in 2003 in Iraq. It followed a case brought by the family of Pte Jason Smith of Hawick, who died of heatstroke in 2003 in Iraq.
'Harder in battle''Harder in battle'
During Commons question time, Mr Hutton said his department was still considering whether to take an appeal to the House of Lords.During Commons question time, Mr Hutton said his department was still considering whether to take an appeal to the House of Lords.
But he said anything that made it harder for soldiers to be successful in battle had to be "resisted very strongly", adding that he did not believe the framers of the European Convention on Human Rights had intended it to apply to soldiers on the battlefield.But he said anything that made it harder for soldiers to be successful in battle had to be "resisted very strongly", adding that he did not believe the framers of the European Convention on Human Rights had intended it to apply to soldiers on the battlefield.
"We are strongly committed to protecting the rights of our armed forces," Mr Hutton said."We are strongly committed to protecting the rights of our armed forces," Mr Hutton said.
"The implications of the recent Court of Appeal judgment in the case arising from the tragic death of Private Jason Smith could however open the door to routine legal challenges against the Ministry of Defence to the decisions made by service personnel entrusted with the conduct of operations."The implications of the recent Court of Appeal judgment in the case arising from the tragic death of Private Jason Smith could however open the door to routine legal challenges against the Ministry of Defence to the decisions made by service personnel entrusted with the conduct of operations.
"The chief of the defence staff has also made these concerns clear in his own message to the armed forces."The chief of the defence staff has also made these concerns clear in his own message to the armed forces.
"I am urgently considering this matter and will decide shortly whether or not to appeal this decision to the House of Lords.""I am urgently considering this matter and will decide shortly whether or not to appeal this decision to the House of Lords."