Northern Ireland Veterans: Prosecution

Bernard Jenkin Excerpts

Monday 14th July 2025 Westminster Hall

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I am grateful for your tolerance, Mr Mundell. I start by saying to the hon. Member for South Ribble (Mr Foster), and one or two others on the Government Benches, that to accuse people like myself who served in Northern Ireland of supporting the legacy Act and then demeaning ourselves by apparently attacking others is utter nonsense. We are after one purpose and one purpose only: to find a way to protect veterans who have been pursued through the courts in a vexatious manner and had their lives destroyed in their latter years. That was the sole purpose of my support for the legacy Act. Even though I had my doubts about it, I supported it for that reason. There was nothing else on the table to provide support for those veterans, so I really take it ill, and the hon. Member for South Ribble demeans himself by attacking people on that personal basis.

[Emma Lewell in the Chair]

This is an issue about inconsistency, and it covers all previous Governments. The problem is that we were originally involved in the law of armed conflict, which settled these issues, and we have had a collision with the Human Rights Act 1998, which has changed everything. The real point is that there is no moral equivalence between people who set out to kill, maim and destroy in a democracy, which happened in Northern Ireland, as the right hon. Member for Belfast East (Gavin Robinson) laid out, and the British servicemen who were ordered to go to Northern Ireland. They went out of their duty to protect the citizens of Northern Ireland against a violent and destructive insurrection.

I have to tell anybody with the idea that there is some kind of equivalence here—that if we cannot proceed against IRA terrorists we have taken them out of the equation—to go back and find out about when we pursued IRA terrorists through the court. There is no evidence. There were no records kept. They know that very well. If anyone thinks they will get 400 witness statements from people who know they are protected by the lack of evidence, as my right hon. Friend the Member for Goole and Pocklington (David Davis) said, they must be living in a different world from the one that I am living in.

The reality is that the only people who will be prosecuted, unless this Government do something to end that process, will be the veterans. Even if they are not prosecuted and eventually found guilty, the persecution and the chasing of people who served their country ruins their lives and makes them worry for the rest of their lives.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

That point cannot be overstated, because many Northern Ireland veterans already suffer from post-traumatic stress disorder and other mental health problems. I speak as a vice-president of the mental health charity Combat Stress. The very idea that there are people who are nowhere near a prosecution or potential prosecution but are now haunted by not only the trauma of their service but the possibility that they will be dragged to a court and exposed in some way, with their families saying, “Daddy, did you really do something wrong?”—it cannot be overstated how utterly brutal this is. It is a deliberate campaign by those who are trying to bring these prosecutions.

[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.