The British attorney general will approve future prosecutions of former British soldiers and others under long-awaited changes to Troubles legacy legislation going before the House of Commons.
Northern Ireland Secretary of State Chris Bryant said the changes would offer “robust, permanent safeguards” and “fairness, dignity and respect” to former British soldiers and the Royal Ulster Constabulary.
Meanwhile, almost 200 former IRA members holding so-called “on the run comfort letters” between 2000 and 2014, which said they were not wanted, will not be able to use them to block new prosecutions.
This change was something the British government has been clear on for quite some time, but the “on the run” amendment would reinforce the point in legislation, sources told The Irish Times.
Irish Government sources welcomed the amendments, though they said Ireland’s European Court of Human Rights challenge would not be withdrawn until the legislation passes in Westminster.
Once in law, the final decision on prosecutions will be made by the British attorney general on foot of a prosecution recommendation from the Northern Ireland Public Prosecution Service.
However, the Public Prosecution Service and the British attorney general will judge the merits of taking a case by the same rules where cases must have a 50 per cent, or better, chance of success, and where they are in the public interest.
The legislation is intended to replace the deeply contentious 2023 Legacy Act passed by the then British Conservative government, which banned inquests and civil claims for damages for killings during the Troubles.
In a bid to soothe military and police veterans’ anger about the legislation, they will not be contacted “unnecessarily” until the British state has disclosed all of the information it has on file on cases.
The legacy commission and coroners “must not regard lawful conduct” of soldiers as “equivalent” to those who carried out “acts of terrorism”, said a British government statement.
In addition, the Independent Commission for Reconciliation and Information Recovery (ICRIR), the body established in 2023 to investigate deaths and cases of serious injuries dating back to Northern Ireland’s Troubles, will not contact other witnesses unless it first assures itself that “compelling new evidence” is likely.
The ICRIR must first get all possible information from the police, the ministry of defence or elsewhere and “only after that” can it consider whether it needs to approach a witness.
In addition, investigators must judge whether new and compelling evidence that is not already on file is likely to come from a witness before approaching them.
However, demands from serving and former British army generals that prosecutions should not happen unless there is “new and compelling evidence” at the time of the killing has been rejected.
The batch of amendments includes one that will recognise the operational pressures facing soldiers and police “during violent unrest” where judgments had to be made in dangerous circumstances.
The ICRIR, headed by the former chief justice of Northern Ireland Declan Morgan, will now be able to work with all United Kingdom police forces, not just the Police Service of Northern Ireland.
Former paramilitaries will be barred from being appointed to the Victims and Survivors’ Advisory Group and there will be a requirement for at least one veteran or veterans’ representative to be on the panel.
Because the legislation has been so long on the books, it will be given an extension of time – a so-called “carry over” motion – when it comes before the House of Commons on Tuesday.
However, its passage through Westminster faces challenges, since even with the extension it must pass through all stages in the Commons and Lords before the next King’s Speech, expected to be in late spring next year.
Even with Monday’s amendments, it will face strong opposition in the Lords from former senior military who fear the effect the legislation will have not just on Troubles’ veterans, but also those serving on Monday.
The Committee stage takes place in the Commons on October 19th and 20th, along with its other final stages, though there are so far 150 government amendments and others those tabled by opposition parties.