In a move that has sparked outrage among British military veteran groups, the UK government is attempting to remove immunity provisions from Northern Ireland’s legacy legislation. This proposed change, known as a “remedial order,” would give judges the power to revive civil actions related to the Troubles, a period of violent conflict in the region.
The original Legacy Act, which was heavily criticized by Northern Ireland parties and victims’ groups as an “affront to justice,” had scrapped around 230 civil actions related to the Troubles. However, under Labour’s new proposals, these cases could be reopened, and the bar on new civil claims over Troubles-related incidents would also be lifted.
Keir Starmer, the Prime Minister, has argued that the change would fulfil legal obligations while protecting veterans from “vexatious prosecutions.” However, former SAS commanders have accused Labour of leaving former soldiers vulnerable to harassment by “money-hungry law firms” in a legal cycle that could last for decades.
Kemi Badenoch, the Conservative leader, has stated that her party will vote against the motion to protect veterans from “unfair prosecution.” The government has claimed that separate legacy legislation will incorporate six protections for former soldiers, including shielding them from repeated investigations, the right to apply for anonymity and to give evidence remotely, and to have age and infirmity taken into account.
The move comes as part of a reset in relations between Dublin and London, with the British and Irish governments agreeing to overhaul the original legacy legislation. In return for the changes to the legislation, Dublin is expected to drop a pending inter-state case against the UK at the European Court of Human Rights.
Hilary Benn, the Northern Ireland Secretary of State, has stated that the remedial order is essential to rebuild the trust of communities and restore the right to seek redress through the courts. However, veteran groups have condemned the government’s attempt, claiming it will expose former soldiers to “hounding” through the courts.
The vote on the motion to reverse the Tory-era law that granted conditional immunity to those accused of wrongdoing during the Troubles is scheduled for Wednesday in the House of Commons. The outcome of this vote will have significant implications for the ongoing efforts to address the legacy of the Troubles in Northern Ireland.
