Northern Ireland Veterans: Prosecution

Debate between Alex Ballinger and Iain Duncan Smith

Monday 14th July 2025 Westminster Hall

[Alex Ballinger]

I would like to hear more from the Secretary of State about the protections that veterans will be given, one of which, I understand, is that no veteran will be asked to travel to Northern Ireland; rather, they can give evidence remotely, which is important. There does need to be more on protections, but—[Interruption.] Let me finish. It is not acceptable that we have an Act that has been rejected by victims and the families of veterans and found to be unlawful, as well as being unacceptable to many members of the parties in Northern Ireland.

[Sir Iain Duncan Smith]

I want to make one thing very clear: the vexatious pursuit of veterans is the key here. Some never finally made it into court, but they were pursued; some died before they got to court. It is not a good comparison to say that only one was actually found guilty, when so many have been pursued vexatiously from start to finish. I do not know whether the hon. Gentleman understands how it feels to be pursued—to have to go to Northern Ireland, to have to come back, to be arrested by the police and then taken away. That is what was wrong with the legislation that existed previously.

[Alex Ballinger]

The right hon. Gentleman is right. The nub of the matter is that we must ensure that veterans have the right protections and that they are not taken through additional tests, but we have to change the legislation, because it was unlawful. We have no choice. It has let down victims. The new legislation that we are putting in place will involve deep co-operation with the Ministry of Defence—I note that the Minister for Veterans and People is here—to ensure that every protection that is available, within the law, will be provided to veterans. I am sure some of that will be outlined in the Secretary of State’s response.

--- Later in debate ---

[Sir Iain Duncan Smith]

I agree with my hon. Friend: that is what is really hanging over us. If nothing is done and the existing Act is repealed, we are left with the single problem we started with: how do we protect veterans from the vexatious persecution that has been going on? I have lots of respect for many Government Members, particularly the Veterans Minister. He knows very well that that is their interest. I say to them simply that they cannot repeal the Act without replacing it with protection for the veterans who served their country.

I served in Northern Ireland. I did not ask to go to Northern Ireland. I went out with my regiment, the Scots Guards, and we served, I think, pretty well in Northern Ireland, but we did not want to be there—to be spat at by people in the United Kingdom and wonder, as my hon. Friend the Member for South Shropshire (Stuart Anderson) said, what was coming around the corner next. We put up with all that in the United Kingdom. It is a unique experience—it is not like going abroad to fight a war. Being on the streets of the United Kingdom, carrying a rifle and trying to protect those who are also under attack from those who would will their destruction is something very peculiar, yet my soldiers and many others acted with the most phenomenal restraint. Provocation was there all the time, but they acted with the utmost restraint. I know of no other country whose soldiers would have ever done that, no matter what their background was. I am immensely proud to have been one of them. We should stop demeaning each other about politics in this. This is about protection, and we should be talking about that.

I lost a very good friend in Northern Ireland. It is pretty awful, really, when I think back to what actually happened. Robert Nairac was kidnapped. He was tortured for a long time. We know not what happened to his body, although we may guess. He was executed after having escaped—that much we do know. No one from the IRA who committed that atrocity will ever, I suspect, be held to account in any court of law. That is the injustice of this process. His parents died never knowing where his body was, and his family today still do not know. Talk about injustice—that is injustice.

[Alex Ballinger]

I thank the right hon. Gentleman for his service. I agree that that is a gross injustice. Would he support a new investigation into his friend’s death, if new evidence were to emerge, and does he appreciate that the existing legacy Act would prevent that, which is one of the reasons it needs to be repealed?

[Sir Iain Duncan Smith]

I was attacking equivalence. The reality is that if we get rid of the legacy Act right now, we will go back to a one-sided process where veterans will be pursued but nobody in the IRA will come in front of the courts. Many of them have these ridiculous letters of comfort given to them, as my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) said. That equivalence is a distraction. I want to see those people prosecuted, but are we going to get witness statements from people who have run to and hidden in other countries? I doubt it very much.