Northern Ireland: Legacy of the Troubles

Lord Craig of Radley Excerpts

Wednesday 5th September 2018 Lords Chamber

[Lord Craig of Radley (CB)]

My Lords, I too commend the noble Lord, Lord Dannatt, for highlighting this disgraceful, dishonourable treatment of veterans. Yes, PSNI should seek to uphold the law, but the investigations are a travesty of justice, jumping from the failure of the Historical Enquiries Team to the failed Legacy Investigation Branch, both now superseded by the Historic Investigations Unit—HIU. It is odds on that HIU will fail and collapse. To be charitable, the failure is more to do with mission impossible than those who tackle it. It brings echoes of the equally discredited IHAT and its successors in Iraq. These protracted, expensive procedures fail. They are not fit for purpose and should not be perpetuated. They may claim to follow the law—piffle! They do not provide justice or fairness. There is weakness in leadership. What is needed is resolution. As Churchill might have noted, action this day. Will the Government act now?

For the future, the Armed Forces need a statutory limitation on investigations of combat operations. Invoking Section 10 of the Crown Proceedings (Armed Forces) Act 1987 has been mooted. Surely we can do better and have in the Armed Forces Act a clear statement of limitation with no requirement to legislate on this vital issue in haste or confusion at the time of conflict. Those on live operations must know where they stand, free from worry in the heat of battle that their decisions and actions then will become the domain of a section of lawyers seeking to adduce criminal conduct years, even decades, later. Promises have been made by this and previous Administrations. All have stalled or petered out. This Government must do better.