UK and Ireland announce Legacy Commission as NI Troubles inquests set to reopen
As the UK and Irish governments introduce a new framework to address legacy issues from The Troubles in Northern Ireland, Armed Forces Minister Al Carns has told BFBS Forces News the previous Act wouldn't have stood up to legal scrutiny.
Both nations have jointly announced the creation of a Legacy Commission, the first ever collaborative framework of this nature, to fairly scrutinise the implications of the Troubles and find answers for families whose loved ones never returned home.
It will replace the Legacy Act introduced by the previous Conservative Government, which offered conditional amnesty, meaning some inquests into events will resume.
"Whether we like it or not, whichever Government was in place, the Legacy Act was poorly written and would've been continually legally challenged," Mr Carns told BFBS Forces News.
"Indeed, if it had gone to the Supreme Court, for example, in several months it would've been thrown out.
"And so what we needed to do was get ahead of that and ensure that the protections are in place for veterans as we move forward – and ensure that all of our service families that have lost loved ones in Northern Ireland, bearing in mind there were more people killed in Northern Ireland than Iraq and Afghanistan put together, ensure protections are in place for them to get to the truth, get justice and enable closure."
Six protections for veterans
Under the framework, inquests which had commenced but not ended before the Legacy Act came into force last year will be restored.
"We don't know how many inquests will continue but it will only be the ones that had sort of started and perhaps been stopped because of the last Legacy Act," said Mr Carns.
The new framework involves Irish authorities cooperating with UK investigations, and introduces a new package of protections for Northern Ireland veterans. Here's how the Government describes them:
- Protection from repeated investigations – the reformed Legacy Commission will be under a statutory duty not to duplicate the work of any previous investigations unless there are compelling reasons to do so. Veterans will not be required to provide unnecessary testimony on historical context that has already been established.
- Right to stay at home – new legislation will ensure that witnesses cannot be forced to travel to Northern Ireland to give evidence to the Commission or to an inquest.
- Right to seek anonymity – Veterans can seek anonymity when giving information and will not be required to provide unnecessary testimony on historical context that's already established.
- Protection from cold calling – Veterans contacted as witnesses will be approached through proper protocols with Ministry of Defence support
- Protection in old age – The Commission will be under a statutory duty to take into account the health and wellbeing of potential witnesses at all times
- A right for veterans' voices to be heard – There will be a statutory advisory group that will provide an opportunity for the voices of all those victims and survivors of the Troubles to be heard, including those from a service background.
In addition to this, the MOD will put forward a standard witness statement and provide an independent advisor with operational experience to support investigations.
Conservative opposition to changes
"My view, and I've been really clear on this and I've been quite narrowly focused on veterans and families of lost service personnel, is to ensure as many inquests or inquiries into what happened go straight to this Legacy Commission," Mr Carns said.
"Let's not push it down a parallel process."
The minister hopes Irish authorities cooperating with UK investigations will be able to unearth more information than previously possible regarding events in Northern Ireland.
Prior to the announcement, conservative think tank Policy Exchange warned the outcome of negotiations between the UK and Ireland could mark a return to a failed cycle of investigations and prosecutions of British veterans and security forces.
"The previous Government's Legacy Act meant our brave Northern Ireland veterans could sleep soundly in their beds at night, knowing they would not be prosecuted for the crime of serving their country, decades ago," Shadow Defence Secretary James Cartlidge MP said. "Labour's announcement today removes that certainty and opens the floodgates to a new wave of vexatious legal action against our veterans – threatening the Army's morale just as we face the most profound military threats since the Cold War."
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