Northern Ireland Veterans: Prosecution

Debate between Al Pinkerton and Stuart Anderson
Monday 14th July 2025

(3 days, 6 hours ago)

Westminster Hall
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Al Pinkerton Portrait Dr Pinkerton
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My hon. Friend puts his finger on the issue of trust, and the lack of trust in multiple constituencies that have an interest in this question, which applies to communities in Northern Ireland as much as it does to veterans. I hope that what this Government do in pursuing a repeal and replace approach will be, at the very least, an attempt to try to rebuild trust in this process.

Despite the opposition, the legacy Act passed, leaving families in limbo, irrespective of their religious or cultural identity. Although the Liberal Democrats recognise the legal necessity to repeal and replace the Act, I have serious doubt about the Government’s commitment to meaningful consultation with those who they should be listening to most closely. On visits to Northern Ireland with the Northern Ireland Affairs Committee, I have spoken to survivors and families from across Northern Ireland communities. Victims made it clear to me that they do not seek prosecutions; what they want is honest, truthful information about how and why their loved ones died.

If the Government are serious about making progress, they must act swiftly to restore faith in the investigatory process, which has been diminished by the creation of the ICRIR as a product of the legacy Act. The Liberal Democrats support the creation of a new independent, ECHR-compliant information retrieval body, to be established in consultation with victims and survivors. That would include meaningful participation from next of kin, as proposed by the Northern Ireland Human Rights Commission. Such a body should have statutory powers to compel disclosure, backed by robust oversight. Victims must have access to records, with exemptions limited to tightly defined national security grounds.

If such a body worked properly, it could deliver long-awaited answers, support societal reconciliation and offer some reassurance to British veterans, by establishing the truth without the perceived necessity to pursue a prosecutorial pathway. However, that will only be possible with genuine cross-border co-operation between the Police Service of Northern Ireland, the UK Government, the Northern Ireland Executive and, importantly, the Irish Government, who have been remarkably reluctant to participate in such processes up to now. All stakeholders must contribute to a clear and credible record of the past.

Let me now directly address the concerns about and from British armed forces veterans. If the rule of law is to mean anything in this country, its application must be fair and equal for everyone across all parts of the United Kingdom. The UK armed forces proudly operate within the law, and that culture is instilled from day one of training for officers and soldiers alike. We do no honour to their service by weakening or suspending the legal standards under which they serve. Supporting our forces means applying the law fairly, not shielding wrongdoing or applying unequal scrutiny.

Many paramilitary actions were never formally recorded and now depend on memory. By contrast, British forces left extensive records, making them more visible and sometimes more vulnerable to investigation. That imbalance has created the perception of unfairness and injustice. Between 1998 and 2022, six members of the UK armed forces were charged with troubles-related offences out of more than 250,000 personnel who served during Operation Banner. That is 0.003% of the serving population.

Stuart Anderson Portrait Stuart Anderson
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It is not just about the final prosecution, but about what people have had to go through over all these years. Will the hon. Member say how many people have actually had the knock at the door, or the call, or had to give evidence? That is the issue that is really hurting people?

Emma Lewell Portrait Emma Lewell (in the Chair)
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I call Al Pinkerton, who I assume is coming to the end of his contribution.