I wish to inform the House that I am today laying a departmental minute to advise of an extension to an existing contingent liability associated with the provision of support to the armed forces of Ukraine.
Since the start of the Russia’s illegal and unprovoked invasion, the UK has been at the forefront of international support to Ukraine, providing essential military capability to the armed forces of Ukraine. We have developed capabilities, working with UK industry, to increase the support to the armed forces of Ukraine to defend against the threat from Russia.
The departmental minute describes the contingent liability that the Ministry of Defence will hold, which will provide an indemnity for any sums—including any legal or other associated costs—that UK defence industry might be liable to pay in relation to legal action brought against them by a third party in respect of liabilities arising from any damage to property, injury or loss of life from any unforeseen malfunction of a system operated by the armed forces of Ukraine.
The MOD and other stakeholders are taking all reasonable measures to mitigate the risk of injury and or damage and Defence legal advisers assess the likelihood of any risk arising as low. The maximum contingent liability held against the MOD is unquantifiable and will remain for the full service life of the system.
It is usual to allow a period of 14 sitting days prior to accepting a contingent liability, to provide Members of Parliament an opportunity to raise any objections.
This notification confirms the intention to extend a contingent liability that was initially agreed in July, during the pre-election period when Parliament had been dissolved and the normal process for notification of reportable contingent liabilities could not be followed. Further details are provided in the departmental minute.
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