Armed Forces veterans are not seeking immunity but a fair and balanced process to address Northern Ireland's troubled past, according to the region's veterans commissioner, David Johnstone. He described dealing with the past as a difficult issue that was not resolved in the 1998 Belfast/Good Friday Agreement.
Springhill Inquest Ruling
Mr Johnstone's comments followed a coroner's finding that soldiers had lost control and used unreasonable force in the shooting of five people in the Springhill area of west Belfast on July 9, 1972. The shootings were attributed to soldiers A and E, who have not been identified. Mr Justice Scoffield stated there is little prospect of criminal convictions. Families outside court hailed legacy inquests as the best legal tool for uncovering the truth.
Legacy Legislation
The Springhill inquest was the last to complete its evidence in 2024, hours before a deadline imposed by the previous government's Legacy Act, which halted legacy court processes. The current Government's Troubles Bill, still progressing through Parliament, aims to replace that Act. West Belfast MP Paul Maskey expressed concerns that the British Government may include immunity from prosecution for military veterans in the new legislation.
Commissioner's Stance
Speaking on BBC Radio Ulster's Good Morning Ulster programme, Mr Johnstone said: “The veterans that I represent are not looking for some type of immunity. What they do want is a fair and a balanced process that understands context and takes into account that the terrorists in Northern Ireland who waged such a savage sectarian war, in their words, from both sides of our community, who were given effective amnesty in 1998 had their evidence destroyed, and now we have British troops been analysed for split-second decisions – being poured over by a civilian judge who’s never been in that situation.”
He added: “That is the heart of the matter … unless you’ve been in a scenario where shots are coming at you, you’ve lost a colleague weeks earlier, I don’t believe any civilian judge can get in the mind of a soldier in that scenario and come to a decision of his decision making process. I don’t think that’s possible.”
Fairness and Balance
Acknowledging the significance of the Springhill inquest for the families, Mr Johnstone questioned whether inquests are the best route for legacy cases. “What veterans want, and what we’ve been lobbying for is a process that makes sure that there isn’t vexatious prosecutions, that our legal system is not used simply to bring forward cases where there’s no new evidence, and where the threshold of evidence has to reach a bar of the unreasonable doubt,” he said. “That’s what we want, fairness and balance.”
MP's Concerns
Mr Maskey praised the Springhill families for fighting “very hard for their loved ones for the truth to be told”. Speaking on the same programme, the Sinn Fein representative emphasised the importance of victims’ families “getting their day” and the truth coming out. Regarding the Troubles Bill, he said he wants an Act that has the confidence of victims and families, is human rights compliant, and can deliver truth and justice as envisaged in the 2014 Stormont House Agreement. “There can’t be any amnesty for British soldiers because I don’t think families will ever accept that,” he added. “I have concerns, I think many political parties have concerns, and more importantly victims’ families have concerns that that is what the British Government is going to try and bring forward.”
