Veterans of the elite Special Air Service have initiated an unprecedented legal challenge against the UK government, contesting new legislation that they claim subjects former soldiers to unfair treatment compared to terrorists.
Unprecedented Legal Move
The SAS Regimental Association has dispatched a formal pre-action letter to the Northern Ireland Secretary following Tuesday's parliamentary vote. Conservative, Liberal Democrat, Reform and Ulster MPs united to oppose Labour's move that would strip legal protections from military personnel who served during the Troubles.
These protections were originally established under the previous Tory government's Legacy Act, which was steered through the Commons in 2023 by then Veterans Minister Johnny Mercer. However, Labour's Troubles Bill, which successfully passed its Second Reading, removes these safeguards and could expose more than 100 SAS soldiers to further inquests and potential criminal inquiries.
Human Rights Concerns
The legal letter, sent by London law firm Sidley Austin, presents a stark warning to the government. It states unequivocally that the legislation fails to distinguish between veterans and terrorists while providing no clear definitions of 'victim' and 'survivor'.
Legal representatives argue that the Bill breaches veterans' human rights, specifically their 'personal dignity, psychological integrity and autonomy'. The document further contends that the proposed legislation violates Article 8 of the European Convention on Human Rights by failing to provide sufficient safeguards for former service personnel.
In the absence of immunity protections or clear evidential thresholds, the Legacy Commission's power to restart inquests and repeat investigations presents what lawyers describe as 'an obvious threat to Veteran's rights'.
Broader Impact on Armed Forces
The legal challenge emerges amid growing concerns about the treatment of veterans across multiple conflict zones. The elite SAS finds itself confronting legal challenges on several fronts, with troops who served in Iraq and Afghanistan also facing potential criminal inquiries.
The situation has become particularly acute for Armed Forces Minister Al Carns, a decorated former Royal Marine who served four tours in Afghanistan. Conservative leader Kemi Badenoch has called for his resignation as he becomes a focal point for veterans' frustrations regarding investigations into actions against the IRA decades ago.
During Prime Minister's Questions, Conservative backbencher David Davis highlighted the severity of the situation, stating: 'I know of no precedent for this letter before action in the entire history of the Army'. He warned that the ongoing legal uncertainty is already affecting SAS recruitment, retention, morale and operational effectiveness.
The Prime Minister responded with reassurances about protections for veterans, including safeguards against repeat investigations without compelling reasons, protection from cold calling, and respect for elderly veterans. Those contributing to the legacy process will have rights to anonymity and the ability to provide testimony from home.
The SAS Regimental Association has outlined specific demands to improve the legislation, including:
- A new evidence certification requirement to prevent repeated legal proceedings
- Mandatory consideration of the passage of time
- A duty to consider the operational context of military actions
- Strengthened welfare protections for veterans
Despite the firm legal stance, the Association has expressed willingness to 'work constructively' with the government to resolve the matter, provided the Bill is redrafted to address their concerns adequately.
