Latest news with #LegacyAct


BBC News
a day ago
- Politics
- BBC News
ICRIR: Troubles investigation group makes first witness appeal
An investigations body set up under the controversial Legacy Act has appealed for witnesses over two separate deaths during the is the first public appeal for information by the Independent Commission for Reconciliation and Information Recovery (ICRIR) since it began operating in May Carson, 47, was found dead at a roadside in west Belfast in Marchant, a member of the UVF, died aged 39 after being shot by the IRA in Belfast in 1987. Posters and leaflet drops will be organised as part of the appeals for assistant commissioner Amanda Logan said any information would be treated in the "strictest confidence" and could be "vital to finding the truth for the families"."We have always underlined the commission's unwavering commitment to helping families find the unvarnished truth and this is at the centre of our witness appeals," she said."These families have waited many years for answers and we at the commission are committed to doing everything we can to support them." What is the ICRIR? The ICRIR was established to investigate deaths during Northern Ireland's decades-long conflict known as the some victims' groups have called for it to be scrapped, arguing it is not sufficiently body was set up under the Northern Ireland Troubles (Legacy and Reconciliation) legislation was passed by the Conservative government in 2023 despite opposition from Labour, Stormont parties, several victims' groups and the Irish introduced a ban on inquests and civil actions related to incidents during the act's most controversial element - the offer of conditional immunity to suspects in exchange for co-operating with the ICRIR - was disapplied following legal action by bereaved Labour government plans to repeal the Legacy Act, but retain the Ireland Secretary Hilary Benn described this as a "pragmatic decision".The ICRIR has said that as of December, 120 people had approached the commission to begin 30 cases so far have been listed on its website as moving to an "information recovery" phase. Who was Teresa Carson? Teresa Carson was found dead in the early hours of 24 November 1974 at the side of the Glen Road in west Belfast, close to the junction with Shaws is believed the 47-year-old attended St John's Gaelic Athletic Club Social Club on Whiterock Road the previous evening and was a witness to a robbery at the was last seen in the grounds of the club shortly after midnight on 24 November getting into a white car. Who was William Marchant? William Marchant, known to his family as Billy and more widely as Frenchie, was a leading member of loyalist paramilitary group the was shot by the IRA outside the offices of the Progressive Unionist Party on the Shankill Road in west Belfast on 28 April 39-year-old later died at the Mater Hospital.A brown Datsun Bluebird car with the registration YOI 2557 was used in the car had been hijacked earlier in the day after a family was held at gunpoint overnight at Tullymore Gardens in west is believed to have been driven away from the scene on Shankill Road via Bellevue Street and was found on fire later that evening on Springfield Avenue.


Daily Mail
2 days ago
- Politics
- Daily Mail
Veterans hail temporary reprieve on Northern Ireland 'lawfare' as Labour legislation bid stalls
The campaign to protect SAS veterans from historical legal actions was boosted on Monday night by an apparent delay to Labour 's bid to axe the Legacy Act. Aided by this newspaper's Stop The SAS Betrayal campaign, nearly 200,000 members of the public have so far backed a bid to ensure soldiers are not exposed to a witch-hunt in the form of misconduct claims from the Troubles in Northern Ireland. Tory defence spokesman Mark Francois said the Government had been 'rocked' by the backlash and had postponed a Commons bid to scrap the Legacy Act, which provides protections to UK troops. He had expected Labour to present plans for alternative legislation before summer recess. But after a surge of public support for the Mail's campaign and a parliamentary debate, they were seemingly put on ice. The move may also be linked to a reported threat by Labour veterans minister Al Carns to resign over the issue. Just under 180,000 people have signed the parliamentary petition, boosted by former SAS reservist Sir David Davis, to support veterans. The battle to preserve their legal protections – deemed unlawful by a court in Northern Ireland – is expected to resume this autumn. Meanwhile, SAS veterans have stepped up plans to reenact an incident involving Special Forces soldiers and the IRA in 1992 which is the centre of a legal battle (pictured: the scene of the shoot out) On Monday night, Mr Francois said: 'While we have won this initial battle, with the help of the Mail and its readers, we haven't won the war. 'We still need to keep up the pressure on Labour MPs not to apply "two-tier justice".' Labour's intention to remove protections for UK troops included in the Legacy Act, which was introduced by the previous government's veterans minister Johnny Mercer, was included in its election manifesto. It made the vow after a successful legal challenge to the Act in Northern Ireland. A judge found the legislation was 'unlawful' as it undermined the UK's commitment to ensure a path to justice for those wronged by the state. Meanwhile, SAS veterans have stepped up plans to reenact an incident involving Special Forces soldiers and the IRA in 1992 which is the centre of a legal battle. As many as 12 SAS troops face possible murder charges following the deaths of four IRA men in County Tyrone in 1992. Former UK military commander in Northern Ireland Colonel Richard Kemp said: 'The British people don't want to see their soldiers thrown to the wolves over incidents they can scarcely recall several decades later. 'So no wonder so many people are backing the Mail's campaign.' A spokesman for the Ministry of Defence told the Mail on Monday night: 'The failed Legacy Act has been rejected by our domestic courts, exposing our brave veterans to no settled process or safeguards. 'Any incoming government would have had to fix the mess that was left, not least because it promised giving immunity to terrorists. 'This Government's commitment to our Operation Banner veterans is unshakeable. 'We will fix it by putting in place a fair and transparent system that gives survivors and families – including bereaved Armed Forces families – the ability to find answers and threats.'


Telegraph
4 days ago
- Politics
- Telegraph
My dying father was dragged through the courts after serving in the Troubles. It has to stop
The son of an elderly Troubles veteran has demanded Labour keep a law protecting former servicemen from prosecution. John Hutchings warned planned changes to the Legacy Act would mean 'taking dying people through the courts' like his father had been for actions taken decades ago in the line of duty. He urged the Government to 'stop persecuting soldiers who were trying to defend Britain', adding that 'these guys are far too old to prosecute'. Dennis Hutchings, from Cornwall, died in 2021 aged 80 while on trial over the death of John Patrick Cunningham, a 27-year-old man with learning difficulties, in County Tyrone in 1974. The veteran of the Life Guards regiment was determined to clear his name, despite suffering from kidney failure and requiring dialysis several times a week. He died alone after contracting Covid in Belfast and the trial collapsed, six years after Mr Hutchings was arrested in 2015. The 2023 Legacy Act put an end to fresh historical inquests into deaths that occurred in Northern Ireland during the Troubles, as well as civil actions. It was launched by Boris Johnson, who said the law would 'draw a line under the Troubles', and supporters said it remedied an imbalance in the treatment of both sides of the conflict. But Labour is pressing ahead with repealing elements of the Act that protected veterans from prosecution, arguing it is incompatible with the European Convention on Human Rights. Hilary Benn, the Northern Ireland Secretary, has argued that the legislation cannot remain in place in its current form, as it is unpopular with victims groups and political parties there. In his first major intervention on the proposals, Mr Hutchings said allowing further inquests would be 'ridiculous', and described to The Telegraph the toll of the trial on his father. He described seeing his father in court in the final week of the trial: 'I thought 'he's got a week to live'. He was literally, physically drained. He was drawn, thin in the face.' The veteran's son said: 'He would have probably done that court case, finished it, got acquitted, put his arm in the air as a celebration and then probably would have died within a few days anyway. I think he was that ill, that frail at the end.' Mr Hutchings warned: 'You're dragging people through the courts like this. That's what they're doing. They're taking dying people through the courts. It's ridiculous.' Dennis Hutchings was arrested at home in 2015 over the death of Mr Cunningham, who had been running away from an Army patrol when he was shot in the back and killed in 1974. He claimed he shot high over Mr Cunningham's head just to get him to stop and that another soldier – known only as Soldier B, who had since died – told him that it was he who had fired the fatal shot. No ballistics evidence exists to prove who fired the fatal shot. Mr Hutchings was investigated at the time and subsequently cleared of all wrongdoing. His son recalled to The Telegraph flying back home to Britain from Belfast on the Friday before his father died, intending to travel back in time for proceedings to restart the following Monday. 'I got a phone call on the Sunday, just saying don't come back,' he said, as his father had contracted Covid. His father died in hospital the following Tuesday. 'What he should have been doing at his age of life is probably sitting at home reading his books, being in his lovely house, enjoying time with his friends, not fighting in court in Northern Ireland,' Mr Hutchings added. One of the more controversial elements of the 1998 Good Friday Agreement was the offering of pardons to IRA terrorists in jail and comfort letters who were on the run. The Government's Northern Ireland's veterans' tsar told The Telegraph last month that up to 70 former soldiers could face court if Labour presses ahead with its plans. In a parliamentary debate earlier this month, Labour MPs were supportive of the plans to repeal the Act, which had been part of the manifesto. But some backbenchers urged ministers to provide clarity about what it would be replaced with, and what protections veterans would receive under new laws. Mr Hutchings, 61, warned that veterans who are emotionally or mentally vulnerable 'will struggle to cope', something that his defiant father was all too aware of. 'I think because he knew he was really ill, he was basically doing it for the other soldiers that were coming behind him.' He said of his father's case: 'I don't think he thought it was going to take three or four years, I don't think he knew he was going to be so ill at the end that he was on dialysis. 'But I think originally, when we used to go to London for the demonstrations and all the other stuff, I think it gave him at his age in life something to fight for, to stay alive for.' Dennis Hutchings was supported by Johnny Mercer, a former veterans minister, who accompanied him to Belfast and helped to enact the 2023 legislation. The former minister and ex-Army captain spoke at the veteran's funeral, which took place on Armistice Day in 2021 and was attended by thousands of veterans from across the country. Mr Mercer delivered a eulogy, in which he condemned 'grotesque spectacle of what happened to Dennis in a Belfast court', describing him as 'the quintessential British non-commissioned officer'. Asked if he had a message for the Government about their plans to reverse the Act, Mr Hutchings said: 'These guys were young boys sent out there to do a very tough job. 'Most of them are fantastic guys. Stop prosecuting them and just look at the rest of the problems that this country has and try and deal with that first instead of wasting money on this. These guys are old and frail. Leave them alone.' Dennis Hutchings had been a familiar face at veterans' protests up until his death, but with the prospect of the Legacy Act being undone, the demonstrations started again without him. But his son said: 'I think my Dad, even though he would have been found not guilty in court, would be beside them now, still fighting for every single one of them.' He added: 'I think he would just carry on doing that until he did pass away. I think he would be up in London, in court with the guys behind him fighting their cases as well.'


Spectator
4 days ago
- Politics
- Spectator
Lawfare is the SAS's most dangerous enemy
It might at first glance appear odd that this deeply unpopular government is determined to repeal the Northern Ireland Legacy and Reconciliation Act. Britain's armed forces are one of the last institutions of which the nation is overwhelmingly proud. Why pursue its veterans at the risk of making itself even more unpopular? 'We want to be recruiting into the Armed Forces and we have a government who are about to reopen lawfare against our veterans,' remarked shadow defence secretary James Cartlidge. 'It is crazy.' The government say that they will repeal the Act, which was passed by the Tories in 2023, because it is incompatible with human rights legislation. Their other reasoning is that it is opposed by some of Northern Ireland's political parties as well as relatives of IRA terrorists. One of those relatives is the sister of an IRA terrorist who was killed by the SAS at Loughgall in 1987 along with seven other members of a cell that was en route to attack a remote police station. She and other relatives of the dead terrorists met Northern Ireland Secretary Hilary Benn earlier this year and received a 'reassurance' that a legacy inquest will proceed. The Loughgall ambush was referenced by David Davis during last week's parliamentary debate about the intention to repeal the Legacy Act. The Conservative MP (a former SAS reservist) said that Sinn Féin were trying to portray themselves as victims and the British army as villains. 'That is why battles such as Coagh, Clonoe and, very likely soon, Loughgall feature so large in the demands for inquiries and the prosecution of long-retired, innocent British soldiers,' said David. 'All three of those actions were humiliating defeats for the IRA.' All three battles involved the SAS and, according to another Tory, Mark Francois, the possibility of future prosecutions is 'having an adverse effect on morale in the special forces community'. It is unlikely that will much bother the left. In May this year, Richard Williams, who commanded 22 SAS from 2005 to 2008, wrote a piece for this magazine entitled 'The BBC's War on the SAS'. It was a defence of the regiment against allegations of war crimes in Afghanistan. But the 'war' on the SAS isn't just being waged by elements within the BBC; it is part of a wider attack from a British left that has long loathed the regiment. This animosity stretches back to July 1945. Winston Churchill could in many ways be regarded as the founding father of Britain's special forces. It was his idea to raise the commandos in 1940, and he was an enthusiastic supporter of the SAS when they were formed the following year. His son, Randolph, served for a brief spell in the SAS in 1942 and was a friend of David Stirling, the founder of the regiment. When Churchill lost the 1945 general election, the SAS lost their principal backer. Within weeks they were disbanded, despite the best efforts of Stirling and other senior officers to persuade Clement Attlee's government that the SAS had a role to play in the post-war period. There were several reasons for the regiment's abolition: Attlee's naive belief that the future would be largely peaceful, the government's disapproval of the SAS's irregular nature and the fact that many of its senior officers were upper-class conservatives. Three of them, Lord George Jellicoe, Carol Mather and Stephen Hastings, would have distinguished post-war careers in the Tory party. Although the SAS were reformed as a regular regiment in 1952 – the year after Churchill had returned to power – David Stirling never forgave the Labour government for what he regarded as an act of betrayal. His grievance returned when Harold Wilson was elected PM in 1964, and by the time of his second administration in 1974 Stirling was convinced that Socialism was a clear and present danger to Britain. That year he formed an organisation called GB75, what he told the Times was a core of 'apprehensive patriots' ready to defend Britain against the 'chaos' of hard-left trade unionists and other activists. There was uproar among the Labour party and its media supporters. Stirling was accused of raising a 'private army', described by Defence Secretary Roy Mason as 'near-fascist'. Stirling retorted: Our motivation is to reinforce parliamentary authority in the country whereas Mr Mason is associated with a political party, the left-wing of which can be genuinely stated to be thoroughly undemocratic. GB75 was disbanded but the left-wing press had Stirling and the SAS in their sights. The smear campaign against them reached its height in 1978 and 1979, a time when the regiment was fighting a bloody war with the IRA. Time Out magazine, then a radical left publication, described the SAS as 'Pedigree Dogs of War' and accused them of being guns for hire. In March 1979 Major General Peter de la Billiere, Director of the SAS, took the unprecedented step of writing to the Daily Telegraph to defend the regiment. He was 'disturbed' at their media portrayal, 'as if it were some secret undercover organisation'. This is how the SAS is still regarded by some on the British left, whether politicians, journalists or lawyers. As Richard Williams wrote in these pages, 'the SAS is under fire' but not from terrorists or insurgents. Their adversary is 'lawfare' and it might be their most dangerous enemy yet.


Sunday World
21-07-2025
- Politics
- Sunday World
Government dismisses UVF demand for members to be issued with personal protection guns
In Northern Ireland, individuals can legally possess firearms, including handguns, for personal protection under specific circumstances Government negotiators have dismissed UVF demands for senior members to be issued with personal protection weapons. The outlandish request is believed to have been dismissed out of hand as a condition for the terror group to finally transition away from paramilitary activity. The UVF have been locked in discussions with government negotiators for a number of years and are understood to be nearing a position where they can announce their disbandment. Early obstacles included demands for immunity from prosecution for historical conflict-related crimes. The contentious Legacy Act has virtually removed any likelihood of prosecution, even should the Labour government honour its manifesto commitment and repeal the act. Twenty-seven years after the Good Friday Agreement secured peace, there is no legal framework for decommissioning, leaving negotiators tying to find a verifiable way to show weapons have been put beyond use. Armed UVF men on the streets of Belfast during the Troubles There is an acceptance that any form of decommissioning will only be windrow dressing in any deal to stand down – access to weaponry doesn't present any difficulty for criminal gangs. The streets are awash with guns, the sticking point for the UVF are weapons that might have a forensic history linking them to past crimes. But it's is their demand for leading paramilitary figures to be allowed to carry personal protection weapons (PPW) that has raised eyebrows. In Northern Ireland, individuals can legally possess firearms, including handguns, for personal protection under specific circumstances. The final arbiter is the PSNI who grant firearms certificates for personal protection if there's a real and immediate risk to the applicant's life. Police must be happy a gun is deemed a necessary and proportionate measure. Applicants must demonstrate a 'good reason' and undergo thorough checks, including medical and law enforcement records. The latter would appear to rule out anyone with a paramilitary history. PPWs were commonplace during the conflict, with public figures including politicians, members of the judiciary and members of the civil service being given a handgun. There has been precedents with a number of leading paramilitary figures allowed to carry PPWs. There has been speculation that the UVF was ready to make a declaration as early as this autumn. Optimism was dampened when it emerged they had demanded to be allowed to retain an armed force of around 240 men, in their words, to protect the upper echelons of the terror group. The Sunday World understands they have now modified their demands and scaled them down to a call for a small number of PPWs to be issued which would mean UVF paramilitaries legally carrying guns. Security sources have told us the proposal is a non-starter. 'It would be unthinkable to strike a deal that would legally put guns in the hands of terrorists, they're gong to have to find a way round that,' one said. Loyalist sources have told us there is anger at the top of the UVF that bargaining positions are finding their way into the public domain. John 'Bunter' Graham One source, who has intimate knowledge of the inner workings of the UVF, said only a handful of people from Chief of Staff John 'Bunter' Graham down would have any knowledge of the content of discussions with British government representatives. As previously reported, it is known that a sizeable number of UVF members and sections of the UDA have been negotiating a pathway out of the paramilitaries, but do not represent the entirety of the organisations. They are believed to be close to agreeing the terms of their transition but their priority in discussions has been to maintain the flow of public money into community-based jobs, many of which are occupied by paramilitary members, and immunity from prosecution for historical crimes. In February it was announced that the British and Irish governments were to jointly appoint 'an Independent Expert to carry out a short scoping and engagement exercise to assess whether there is merit in, and support for, a formal process of engagement to bring about paramilitary group transition to disbandment. This will include examining what could be in scope of such a formal process'. Lord Alderdice, the former Alliance Party leader who was chair of the Independent Monitoring Commission, said talks about loyalist transition should stop. 'A halt should be called, and you can't call a halt now sooner than today,' he said. 'There comes a point when you have to say no, this hasn't been delivered.' The Sunday World understands a sticking point in discussions are calls for the UVF to be de-proscribed so that the name can continue to be used legally at memorial and other events. And also in the naming of veterans clubs, the complication being that those who will continue to use the UVF name as a cover for their involvement in drugs and other crimes. UVF gunman Today's News in 90 Seconds - July 21st