Labour’s proposed amendment to the Northern Ireland Troubles Bill could expose veterans to a flood of around 800 lawsuits and cost the taxpayer millions, campaigners have warned.
The measure would strip away immunity protections that former soldiers currently enjoy – potentially dragging them before courts decades after operations conducted in service of the Crown.
The Conservative Government had shielded veterans from lawsuits through the Legacy Act – but Labour now intends to dismantle the safeguards through an amendment.
Ministers say the existing immunity provisions breach the European Convention on Human Rights (ECHR) by potentially obstructing proper investigation of alleged violations.
Whilst the Government maintains that civil claims will target the Ministry of Defence rather than individual servicemen, campaigners say that veterans could still be compelled to testify, opening doors to subsequent criminal charges or personal lawsuits.
Former Brexit Secretary and SAS reservist David Davis said: “Our enemies will be watching this. They know now if they get into a fight with our special forces or any of our soldiers and they lose, they can come back and revisit it later in the courts. That’s a dreadful outcome.”
Philip Barton, a solicitor at Devonshires who has represented some 700 Northern Ireland veterans across nearly three decades, dismissed the process as fundamentally flawed.
“This is madness. It’s an unholy mess and will see veterans dragged into the dock by terrorists,” one defence source told The Telegraph.
The measure would strip away immunity protections that former soldiers currently enjoy
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PA“People talk about finding the truth but how do you find the truth about a terrorist incident in which the terrorist, terrorist organisation and the security service don’t give evidence?
“The only ones giving evidence are the soldiers. It’s one-eyed and will never get to the truth. It’s ludicrous,” he said.
The legislation is already triggering an exodus from Britain’s elite special forces units, according to a former head of the Army.
Troops from the SAS and SBS are said to be departing over fears of being hauled before judges for past operations.
General Sir Peter Wall, who led the service as Chief of the General Staff for four years, said there was “absolutely no doubt” the legal overhaul posed a threat to military capability.
NORTHERN IRELAND VETERANS – READ MORE:
Former Brexit Secretary and SAS reservist David Davis slammed the Government’s ‘dishonest’ behaviour
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PASir Peter joined eight other four-star commanders in an extraordinary joint letter last November, condemning the Prime Minister’s approach as a “national security threat”.
Ministers have been accused of acting prematurely by pressing ahead with Wednesday’s debate whilst a Supreme Court challenge to the immunity removal remains ongoing.
Christian Craighead, a decorated former SAS warrant officer who received the Conspicuous Gallantry Cross for rescuing civilians during an al-Shabaab attack in Nairobi, questioned whether he would answer any future call to arms.
“Without cast-iron assurances against retrospective prosecutions and legal harassment for actions taken during active service, it is difficult to expect veterans to recommit,” said Mr Craighead, who now works as a bodyguard for Donald Trump.
In October, Soldier F, a Parachute Regiment veteran, was acquitted of Bloody Sunday killings
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“Many feel loyalty must be mutual – asking them to fight again while removing protections signals that the state does not have their backs.”
In October, Soldier F, a Parachute Regiment veteran, was acquitted of Bloody Sunday killings after a judge ruled the evidence fell “well short” of conviction standards.
A spokesman for the Northern Ireland Office said: “The last Government sought to grant immunity to IRA terrorists and to remove the right of UK Troubles victims to pursue a civil claim.
“Our domestic courts ruled that both of these policies breach the UK’s legal obligations. The Remedial Order is therefore necessary to repeal them and provide confidence and clarity for families and veterans.
“And the Government’s Troubles Bill will put in place new and effective protections for those who have served after the Legacy Act left them in a legal Wild West.
“It is simply wrong that UK citizens should have their right to civil action taken away from them. Civil courts have over the years enabled truth and accountability for victims of terrorist atrocities including the Omagh bombing.
“In the coming months Gerry Adams will face trial in a civil case brought by victims of the Old Bailey, Manchester and Docklands bombings.”