Thank you to those constituents who have contacted me about the Northern Ireland Troubles Bill and the protections for those who served during Operation Banner.
I have the deepest respect for veterans who served with honour in Northern Ireland. Their professionalism and sacrifice helped protect civilians and support the peace.
The unresolved issue of the legacy of The Troubles cast a long shadow since the Good Friday Agreement. Many families – including families of soldiers – have waited patiently, silently and with heavy burdens, unable to get the answers they need.
The Legacy Act introduced in 2023 did not provide a workable answer. Not only were elements of the Bill found to be incompatible by our domestic courts with the UK’s legal obligations, but its immunity scheme had no support in Northern Ireland because it applied to terrorists who had committed the most appalling crimes.
I am pleased that the Government is replacing it with a framework centred on a reformed Legacy Commission, which will allow for families to seek answers through an appropriate process before deciding whether individual cases require a criminal investigation or a fact-finding report.
Many have raised an important distinction between fair safeguards and immunity. Those who broke the law must remain accountable, but veterans who acted lawfully should not face needless repeat investigations. Indeed, the Secretary of State has made clear that this cannot be a process which leads to endless investigation. The Government has introduced a high threshold within the Bill so that no aspect of a previous investigation can be duplicated by the Commission unless it is essential.
I am also clear that lawful service by our Armed Forces should never be equated with the actions of paramilitary groups. The Government will set this out on the face of the Bill because, fundamentally, there is no question of a veteran being prosecuted simply for having followed the rules.
I welcome the specific safeguards for veterans already set out in the Bill. These crucially include the ability to give evidence without travelling to NI, to seek anonymity while doing so, and protection for veterans from cold calling. The age, health and wellbeing of older witnesses must also be considered before anyone is asked to be involved in the process. I know that many veterans want stronger reassurance. The Government has recognised those concerns and the Defence Secretary and the Secretary of State for NI have been engaging extensively with veterans, veterans’ associations and stakeholders to ensure the Bill is as strong as possible. The Government has now brought forward a substantial package of amendments which will strengthen protections for Operation Banner veterans, improve oversight and clearly distinguish the role of the security forces from paramilitary groups.
The Bill is due to return to the Commons for Committee and remaining stages on 19th and 20th October.
Thank you again for contacting me about this important issue.
Best wishes
Rt Hon Hilary Benn
MP for Leeds South
[email protected] l www.hilarybennmp.com l X @hilarybennmp