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Judicial Review - Update
Appeal Court Ruling concerning the terms and conditions
of service of former Gurkha soldiers (Purja et al v MOD)
Statement by Parliamentary Under-Secretary of State for Defence and Minister for Veterans:
I very much welcome this ruling, which vindicates our view that special arrangements for Gurkhas are necessary in order to reflect their unique status as Nepalese citizens, recruited and discharged in Nepal. Overall, the arrangements are generous and fair. Importantly, they enable Nepalese recruits to join the British Army who would not otherwise have that opportunity.
Gurkha terms and conditions of service are, however, kept under constant review. Where necessary, they are updated and enhanced. Even now, a review is underway into Gurkha married accompanied service provisions - I hope to announce the outcome later this year. In considering the extent to which changes or enhancements to Gurkha married accompanied service arrangements are necessary, I will of course listen to the views of our serving and former Gurkha soldiers very carefully. I will also take careful note of the issues raised in this very important case.
Ivor Caplin MP
Judicial Review of Gurkha TACOS Court of Appeal Judgment
On 9 Oct 03, the Court of Appeal Judgment in the Judicial Review of Gurkha TACOS was delivered in the Royal Courts of Justice. The Appeal against the Judgment delivered by Mr Justice Sullivan during the Judicial Review carried out in Feb 03 was deemed to have failed and was dismissed. This means that the current MoD policies regarding Gurkha pensions, pay whilst on Nepal Leave and terminal leave, and married accompanied service arrangements do not constitute discriminatory treatment contrary to the Human Rights Act 1998.
JUDICIAL REVIEW APPEAL 21/22 JULY 2003
During 2002 claims from 28 individuals regarding wide-ranging aspects of alleged discriminatory Gurkha TACOS were brought against the MoD, under the Human Rights Act, and the claimants were granted the right to a Judicial Review. In February 2003, 7 of these 28 claimants (all ex-Gurkhas) had their grievances considered at a Judicial Review in the High Court, where they were represented by Cherie Booth QC. Prior to the start of the Judicial Review, many of the 13 claims were dropped by the Claimants and the Judge directed that others should be dismissed, leaving only those grievances relating to pay, pensions and married accompanied service to be considered. The 3 outstanding claims were subsequently dismissed by the Judge after the Review but the Judge recommended that the MoD should review married accompanied service arrangements for Gurkhas to ensure that they could be objectively justified. The Claimants have been granted leave to appeal against this judgement by an Appeal Court Judge and the Appeal will be heard in the Appeal Court on 21 and 22 Jul 2003. |
