Veteran Groups Decry Labour's Plan to Remove Troubles Immunity Provisions
British military veteran organisations have voiced strong opposition to the government's attempt to eliminate immunity clauses from Northern Ireland's legacy legislation. They argue this move will subject former soldiers to relentless legal pursuit through the courts, describing it as a form of judicial "hounding."
Parliamentary Vote on Remedial Order
Members of Parliament are scheduled to vote this Wednesday on a motion that would reverse a Conservative-era law. This legislation had previously granted conditional immunity to individuals accused of misconduct during the Troubles period in Northern Ireland. The government has introduced a remedial order specifically designed to remove this immunity clause, following court rulings that declared it incompatible with the European Convention on Human Rights.
Political Stances on the Issue
Prime Minister Keir Starmer addressed the House of Commons, stating that the proposed changes would fulfil legal obligations while simultaneously safeguarding veterans from what he termed "vexatious prosecutions." He criticised the previous administration, saying, "Under the last government, they passed legislation which was struck down, leaving our veterans utterly exposed. We're putting in place proper measures to protect them."
In contrast, Conservative leader Kemi Badenoch announced her party would vote against the motion, aiming to protect veterans from what she characterised as "unfair prosecution."
Veteran and Command Criticism
Former SAS commanders have accused the Labour government of making ex-soldiers vulnerable to harassment by "money-hungry law firms," potentially initiating a legal cycle that could persist for decades. In a letter published by the Daily Telegraph, they wrote, "History will not judge this prime minister on how carefully he managed legacy law. It will judge whether he had the courage to close the chapter and let the country move on."
Details of the Original Legacy Act
The initial Legacy Act, which faced criticism from Northern Ireland political parties and victims' groups who called it an affront to justice, had terminated approximately 230 civil actions related to the Troubles. Under Labour's current proposals, judges would regain the authority to revive these actions. Additionally, the new measures would remove the prohibition on initiating new civil claims concerning Troubles-era cases.
Government Justifications and Protections
Northern Ireland Secretary of State Hilary Benn emphasised that the remedial order is crucial for rebuilding community trust and restoring the right to seek legal redress through the courts. The government has clarified that separate legacy legislation will incorporate six specific protections for former soldiers. These safeguards include shielding them from repeated investigations, granting the right to apply for anonymity, allowing remote evidence provision, and considering factors such as age and infirmity during proceedings.
International Context and Agreements
Last year, the British and Irish governments reached a framework agreement to overhaul the original legacy legislation, marking a reset in relations between Dublin and London. As part of this arrangement, Dublin has agreed to drop a pending inter-state case against the United Kingdom at the European Court of Human Rights in exchange for modifications to the legislation.
