Troubles veterans won't be forced to give evidence over killings in person

Yahoo

21-05-2025

British veterans will not be forced to give evidence over Troubles killings in person, the Secretary of State for Northern Ireland has insisted.
The Government has ditched an effective amnesty for Troubles-era killings, which would have prevented the prosecution of former soldiers.
Hilary Benn said Labour had to scrap parts of the Conservatives' Legacy Act after it was struck down by domestic courts for breaking human rights laws that require deaths to be investigated.
The Act included a conditional amnesty for Troubles-era killers, soldiers and terrorists alike if they gave information to the new Independent Commission for Reconciliation and Information Recovery.
The commission, which was set up to investigate deaths and promote reconciliation and has the power to summon witnesses, would then report back to families. Whistleblowers would be given effective immunity from later prosecution if they gave a truthful account of their involvement in the crimes.
New civil cases and inquests into Troubles-era crimes were stopped on May 1 last year as part of the changes the Act brought in.
Labour will 'repeal and replace' the Act, but plans to keep the commission to help victims' families get information, which means elderly veterans could be asked by it to give evidence.
Writing for The Telegraph, Mr Benn said there was 'no reason' why former soldiers should be forced to leave home.
'I know that giving evidence to the commission or to any other legacy process about the events of several decades ago can be a daunting prospect, particularly for elderly veterans,' he said.
'With today's technology, there is no reason why those giving evidence in such cases should be forced to travel and stay away from home in order to give evidence.'
He promised veterans welfare support and, if appropriate, legal help before they spoke to the commission.
Mr Benn admitted 'the prospect of any future prosecutions is vanishingly small'.
The Troubles lasted for about 30 years, from the late 1960s to the Good Friday Agreement in 1998. More than 3,600 people were killed and there are more than 1,100 unsolved killings.
Soldier F, a former paratrooper, is expected to go on trial in September charged with two murders and five attempted murders on Bloody Sunday in 1972.
Conservatives accused the Government of introducing 'two-tier justice' in Northern Ireland with its changes to the Tories' 2023 Legacy Act.
It ends protections from prosecution for veterans while putting IRA suspects interned in the Troubles, such as Gerry Adams, in line for taxpayer-funded compensation, they said.
The Legacy Act was fiercely opposed by all the major parties in Northern Ireland. Sinn Fein and the DUP said it would mean victims' families never get justice.
The Irish government took the UK to the European Court of Human Rights in a case that remains active while Labour decides on new legislation.
By Hilary Benn
Our United Kingdom is today transformed from the place that, for three decades between the late 1960s and 1998, was scarred by terrorist violence.
The Troubles tore Northern Ireland apart. And in the early 1970s, the IRA brought their campaign of terror to towns and cities across England.
Throughout that terrible period, the professionalism, bravery and sacrifice of our Armed Forces and other security personnel helped to keep people across the United Kingdom safe and to protect life. In doing so, they ultimately helped to bring about peace. I have been honoured to meet with some of them.
The Good Friday Agreement enshrined that peace. And alongside the promise of a better tomorrow, it also recognised the need to acknowledge and address the suffering of all those who had lost loved ones.
And yet I have met many families who are still – decades on – seeking answers about what happened to their parent, grandparent, partner or child. I know that in many cases, their pain has been compounded by the last government's 2023 Legacy Act and the legal mess it created.
That legislation was widely rejected at the time. And last year it was found – repeatedly – to be unlawful by our domestic courts. That was not least because it would have offered immunity from prosecution to terrorists, who were responsible for some 90 per cent of all Troubles-related deaths.
Any incoming government would have had to repeal the immunity scheme and other unlawful provisions. It is wrong for any political party to suggest otherwise. That's why it has fallen to this Government to deal with this. We are committed to repeal and replace the Legacy Act in a way that is lawful, fair and that enables all those families to find answers.
We will always recognise the extreme circumstances under which our Armed Forces were operating; the split-second judgments that had to be made, and the restraint that was so often required in the face of danger. There will be no rewriting of history.
That also means that on those rare occasions where the standards that we rightly expect of our Armed Forces were not upheld, we do not shy away from this.
The contrast could not have been starker between the efforts of our Armed Forces who were trying to protect life, and the actions of the terrorist organisations who only ever intended to harm others and cause destruction. And that is why during the Troubles, an estimated 25,000 to 35,000 republican and loyalist paramilitaries were imprisoned for a range of offences, including murder.
Sadly, all these years later, the reality is that there are still over 1,100 unsolved killings, including over 200 where service personnel were killed by paramilitaries. Each and every one of these families deserves, as soon as possible, to have a system in place that they can have confidence in.
That is why we are not starting again from scratch. Instead, we will retain and significantly reform the independent commission that was established under the Legacy Act, which is already taking forward over 50 investigations, including into the Guildford pub bombing.
With the passage of time, the prospect of any future prosecutions is vanishingly small. Indeed, since 2012 there have been only six convictions for Troubles-related deaths, all but one of them of terrorists.
This means that for a family approaching the legacy commission, obtaining information about what happened to their loved one will be the most likely outcome.
I know that giving evidence to the Commission or to any other legacy process about the events of several decades ago can be a daunting prospect, particularly for elderly veterans. That is why we need to have better protections in place and I am working with the Defence Secretary on this.
For instance, with today's technology, there is no reason why those giving evidence in such cases should be forced to travel and stay away from home in order to give evidence. This Government will also continue to support our veterans involved in these processes with welfare and, where appropriate, legal support.
As we prepare new legislation, I will continue to discuss this, in all its complexity, with all interested parties. We owe it to those who were affected by the Troubles across the United Kingdom, including our Armed Forces community, to get this right.
Hilary Benn is the Secretary of State for Northern Ireland
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