Northern Ireland Veterans: Prosecution

Debate between Emma Lewell and Hilary Benn

Monday 14th July 2025 Westminster Hall

[Hilary Benn]

I did not say it was illegal; I said it was unlawful. I shall come directly to the right hon. Gentleman’s point. Look at the facts: of the 250,000 veterans who served so bravely in Operation Banner, as we heard, the number who have been prosecuted for offences has been very small. The Centre for Military Justice records that only one soldier has been convicted since the Good Friday agreement. The House might want to reflect on that, because for almost all of those 27 years, immunity was not on the statute book—the legacy Act was not passed. [Interruption.]

[Emma Lewell (in the Chair)]

Order. Do not shout.

[Hilary Benn]

If the right hon. Gentleman will bear with me, we have also heard it said that terrorists are not being prosecuted and have somehow been given immunity. I want to challenge that, both because the only thing that gave terrorists immunity was the legacy Act, and because during the troubles an estimated 25,000 to 35,000 republicans and loyalists were tried and convicted, many of them serving sentences for murder and bombings. Indeed, there have been five convictions for terrorist-related offences connected to the troubles since 2012.

The so-called “on-the-run” letters had no legal force and did not give anyone any immunity. On interim custody orders, I made it clear in a written answer a couple of weeks ago that we will bring forward legislation to deal with that. By the way, I say to the right hon. Member for Rayleigh and Wickford that the remedial order does not bring back inquests—he was incorrect when he suggested that.

The fact that the legacy Act enabled terrorists to be given immunity was, as we have heard, one of the principal reasons why so many people in Northern Ireland were strongly opposed to it. We need to have in mind the people of Northern Ireland when we discuss these matters. Across all the political parties, among many victims and survivors—and I have met many of them myself—and Northern Ireland veteran groups, some of which I met last year, there is not just one view on this.

I know that there are some—and we have heard the argument in this debate—who say there should be absolute immunity for anyone who served in Operation Banner. I would simply say to them that, as a country, we either believe in the rule of law—[Interruption.] Well, that there should be no prosecutions. We either believe in the rule of law, or we do not. That was a point forcefully made by my hon. Friends the Members for North East Derbyshire (Louise Jones) and for Halesowen (Alex Ballinger).

As the former Conservative Defence Secretary Ben Wallace put it,

“the British Army is not above the law, and nor should it be. That is the difference between us and the terrorist.”—[Official Report, 18 November 2015; Vol. 602, c. 678.]

In a joint statement last Friday, the Veterans Commissioners for Northern Ireland, Scotland and Wales said that they do not call for immunity from the law but “for fairness under it”. I could not agree with them more.

Because immunity was struck down by the domestic courts even before the Government were elected—and we came into office committed to repealing the Act—any incoming Administration would have had to fix it. It is wrong for anyone to suggest anything different. [Interruption.] The answer is because we do not agree with it.

[Emma Lewell (in the Chair)]

Order. Members will refrain from shouting out and having dialogue with the Secretary of State. Please intervene in the normal manner.

[Hilary Benn]

Legacy is hard. This is the unfinished business of the Good Friday agreement.