Oral Answers to Questions

David Davis Excerpts

Monday 30th June 2025 Commons Chamber

[David Davis (Goole and Pocklington) (Con)]

6. What discussions he has had with the Secretary of State for Northern Ireland on the adequacy of legal protections for veterans who served in Operation Banner.

[The Secretary of State for Defence (John Healey)]

The veterans who served under Op Banner served to protect civilian lives and secure the peace in Northern Ireland. I share the right hon. Gentleman’s deep concern that many may now be caught up in investigations or litigation, and I am determined that we protect them further. I am working closely with the Northern Ireland Secretary, as are our officials, to ensure that we discharge our duty to the veterans as part of the necessary plans to repeal and replace the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

[David Davis]

During Operation Banner, every single time a paramilitary was killed by a British soldier, it was subject to judicial investigation. The Director of Public Prosecutions went through the evidence at the time, interviewed people, looked at the planning documents and was able to talk to people contemporaneously while they could still remember it. It was not a rubber stamp; it was rigorous, as was proven by the fact that, where necessary, it led to prosecution. What is happening now is double jeopardy. Worse still, it is double jeopardy under new rules but with no new evidence. Indeed, there is a risk of lost evidence and lost memory, given the passage of time. I have heard what the Secretary of State has said, but will he commit to ensuring that soldiers who were subject to reviews at the time will not be subject to further risk of prosecution under the Government’s replacement for the legacy Act?

[John Healey]

Any incoming Government would have to repeal the legacy Act. It is unlawful legislation—it has been rejected by domestic courts, and rejected by communities across Northern Ireland, and it is simply wrong for anyone to suggest otherwise. We owe it to those affected by the troubles, whom the right hon. Gentleman speaks about, including our armed forces communities and veterans, to be honest about the unworkability of that legacy Act and to get this legislation right. That is exactly what the Northern Ireland Secretary and I are working together to ensure we can do, taking full account of all the interested parties, in particular those veterans and armed forces communities that the right hon. Gentleman speaks about.