The government have been accused of pandering to human rights lawyers and placing their needs above national security and military veterans. Shadow Defence Secretary James Cartlidge believes that the government’s attempt to repeal the Legacy Act, designed to protect soldiers who served in Northern Ireland from prosecution, risks dissuading people from a life of service and leaves veterans at the mercy of greedy lawyers.
He told the Daily Express: “We have war in Europe, we want to be recruiting into the Armed Forces and we have a government who are about to reopen lawfare against our veterans. It is crazy. The government are obsessed with legal rectitude but they have to consider the national interest. We are running scared because of legal advice but sometimes you have to stand up and defend your veterans but instead, Starmer is placing all the emphasis on following Lord Hermer to the letter of the law.”
The Legacy and Reconciliation Act was introduced to protect veterans from spurious prosecutions by shutting down all historical inquests related to Troubles-era deaths.
However, the offer of conditional immunity to suspects, was disapplied following legal action by bereaved families saw a court rule that it was incompatible with human rights’ legislation and the Windsor Framework.
Operations in Northern Ireland, known as ‘Operation Banner’, lasted from 1969-2007 and saw 300,000 British soldiers deployed to the country with 722 losing their lives as a result of paramilitary attacks.
Yesterday, hundreds of people protested in Westminster ahead of a debate triggered by a veteran-led petition which quickly surpassed the 100,000-signature threshold required. Government sources told the Times that the minister made it clear to Northern Ireland Secretary that he could not back the proposals.
The proposals would leave up to 100 veterans at risk of spurious criminal prosecutions with hundreds more liable to be pursed through the civil courts, according to Northern Ireland Veterans Commissioner David Johnstone.
Last week, the government appointed Veterans Commissioners from Scotland, Wales and Northern Ireland broke ranks to call on the government “to resist any changes to legislation that would reopen legal uncertainty for veterans of Operation Banner.”
A former SAS soldier who fears that he could be re-investigated told the Daily Express: “It is a betrayal and I think that every serviceman would agree with that.”
Terry McCourt MBE served in Northern Ireland with 2nd Battalion the Parachute Regiment and says that veterans are worried about the future even though they know their actions were within the law.
He said: “You were deployed there for the good of the country but we are being made to feel like the bad ones.”
Geoff York served in Northern Ireland three times between 1973 and 1977 and says that veterans will not give up the fight if Labour carry on in their attempts to repeal the act.
“We will keep going, we will keep fighting. We’re not young soldiers anymore but this could be happening in 30 years time with veterans of Iraq and Afghanistan.
“This is for them as well as us.”
Conservative MP Sir Ian Duncan Smith who served in Northern Ireland warned that only those deployed to maintain the peace would be subjected to further scrutiny, rather than the IRA terrorists who murdered indiscriminately.
He told the Daily Express: “It will regurgitate all of the pending court cases but only on one side.
“It will be all those trying to find fault with the actions of British soldiers, none of this will impact those who actually perpetrated the violence in the first place.
Since the debate yesterday evening, it has emerged that Veterans Minister Al Carns is expected to resign if the government presses ahead with legislation.
Carns, a former Royal Marine officer, is among the most highly decorated veterans in parliament and is understood to be deeply concerned about plans to repeal the Legacy Act.