Furious Northern Ireland veterans have branded changes to the controversial Troubles Bill “window dressing”, warning that the revised legislation still leaves elderly former soldiers vulnerable to prosecution.
Troops now in their 70s and 80s, many of whom have faced years of legal scrutiny, could still be subjected to politically driven court cases and coroners’ inquests under the redrafted Bill.
Former Blues and Royals Lance Corporal Paul Young accused Labour of using “gimmicks” to placate the military community while failing to resolve the legislation’s central uncertainties.
One amendment would state that suspected terrorists cannot rely on “comfort letters” issued by Sir Tony Blair under the 1998 Good Friday Agreement. The letters informed on-the-run Republicans and Loyalists that investigations into their activities had been suspended.
Although the legal standing of the letters has been disputed for years, the Troubles Bill would make clear for the first time that they cannot be used as a shield against prosecution.
Another prominent addition to the redrafted Troubles Bill declares that law-abiding soldiers are not equivalent to terrorists.
The veterans’ group Rolling Thunder (pictured) is expected to gather in Westminster in the coming days, as former troops step up pressure on Labour ministers over their demands concerning the Northern Ireland Troubles Bill
Northern Ireland veterans have repeatedly held peaceful marches in central London to highlight their concerns and draw attention to their long-running campaign
Under the 1998 Good Friday Agreement, Republican and Loyalist terrorists linked to atrocities that killed innocent civilians received “comfort letters” stating that investigations into their activities were being halted
For veterans, the most significant issue is that at least eight inquests into decades-old incidents in Northern Ireland are still expected to proceed under the Troubles Bill.
Many former soldiers could also face renewed prosecutions if authorities produce evidence that satisfies the test of being “new and compelling”.
Labour has also rejected veterans’ calls for a Supreme Court judge to determine whether a soldier should stand trial.
Instead, the Government has proposed giving that decision to the Attorney General, a political appointment. A recent former Attorney General was human rights lawyer Lord Hermer, who previously represented Afghan families seeking compensation from the UK.
Lance Corporal Young, a prominent veterans’ campaigner, told Our News Outlet: “There is a lot of window dressing and gimmickry here, but not enough clarity. We need to understand what many of these terms will mean in practice.
“The fundamentals have not been dealt with. There is no end in sight to the lawfare. Every legal action already under way will continue, with more cases likely to follow.
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“The Attorney General is completely unacceptable because the role could be filled by someone from the same background as Lord Hermer.
“The inquests due to proceed include hearings concerning SAS operations at Loughgall in 1987, when soldiers prevented an IRA ambush on a police station.
“Republicans are trying to rewrite history and place soldiers in the dock through proxy legal groups. Soldiers remain exposed.”
Government sources said last night that the Troubles Bill changes addressed 80 per cent of the concerns raised by veterans’ organisations, including the Special Air Service Regimental Association, known as SASRA.
The remaining 20 per cent, the sources said, included demands such as appointing a Supreme Court judge, as well as requests from different groups that sought conflicting outcomes.
The Government says the Northern Ireland Troubles Bill will provide lasting protections to ensure former troops and police officers are treated with fairness, decency and respect.
The comprehensive package follows months of engagement with associations to ensure ‘robust and permanent safeguards’, according to a government source.
Last night, Northern Ireland Secretary Sir Chris Bryant said: ‘This Bill is about completing the unfinished business of the Good Friday Agreement, getting answers for families, including veterans’ families who lost a loved one.
‘We have introduced a significant package of amendments. I am confident that this legislation will be a significant step towards a more reconciled society.’
More than 300,000 British troops served in Northern Ireland under Operation Banner over three decades. In that time nearly 1,800 members of the security services died. So too thousands of civilians, the vast majority due to paramilitary violence.
The Troubles Bill replaces the Conservatives’ Legacy Act, championed by former veterans minister Johnny Mercer, which offered conditional immunity against prosecutions and halted civil claims and inquests.
As part of the Troubles Bill, coroners and officials staffing a fact finding commission will be mandated to evaluate soldiers’ actions within an operational context, such as the necessity to make split-second decisions under fire.
According to the Government, there will be no duplication of legal processes that have already taken place unless it is absolutely necessary. The Government, rather than the veteran, will also answer questions posed by claimants.
Regarding the failure to stop ongoing cases, the Government said it did not wish to undermine existing legal processes.
The Troubles Bill includes incidents that occurred outside Northern Ireland that were associated with the conflict, such as IRA bombings on the mainland and the SAS’s ambush of three IRA operatives in Gibraltar in 1988.
