May: legacy investigations '˜patently unfair' to Army veterans

Investigations into Northern Ireland's troubled past are 'patently unfair' in the way they only probe the activities of the security forces, the prime minister has said.
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Speaking in the Commons, Theresa May said: “The situation we have at the moment is that the only people being investigated for those issues that happened in the past are those in our armed forces, or those who served in law enforcement in Northern Ireland. That is patently unfair.”

Mrs May was responding to a request from Julian Lewis MP who asked her to confirm that a ‘statute of limitations’ – which would provide an effective amnesty for soldiers involved in Troubles-related deaths – would be included “as an option” in the upcoming consultation exercise.

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Mrs May did not confirm an amnesty would be on the table for discussion, but went on to say: “Terrorists are not being investigated. Terrorists should be investigated and that is what the government wants to see.”

Prime Minister Theresa May during Prime Minister's Questions in the House of Commons on WednesdayPrime Minister Theresa May during Prime Minister's Questions in the House of Commons on Wednesday
Prime Minister Theresa May during Prime Minister's Questions in the House of Commons on Wednesday
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A draft consultation document on dealing with legacy issues was circulated last week but it is understood that a statute of limitations is not included.

One Conservative MP warned the government that there were many on the Tory benches who would “not traipse blithely” into the Commons lobby to vote in favour of any act that would “scapegoat veterans to pander to Sinn Fein”.

Mark Francois said: “Can I make a submission to the consultation early on. Can I tell the secretary of state, in all candour, that there are many of us on these benches who would not be prepared to traipse blithely through the lobbies in order to support the setting up of any institution which would scapegoat our military veterans to pander to Sinn Fein.”

A soldier on patrol in Belfast in the 1990s. A number of former troops have been charged over alleged involvement in fatal incidents during the TroublesA soldier on patrol in Belfast in the 1990s. A number of former troops have been charged over alleged involvement in fatal incidents during the Troubles
A soldier on patrol in Belfast in the 1990s. A number of former troops have been charged over alleged involvement in fatal incidents during the Troubles
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Secretary of State Karen Bradley expressed her gratitude to the security forces for their “incredible dignity” and sense of duty, as well as adding her voice to those criticising the way historic investigations are being handled.

“The status quo is not good enough,” she said.

“The only people today getting knocks on the door from the police telling them they face inquests are the military, we need to change that.”

The PSNI’s legacy branch is reinvestigating more than 1,000 deaths that were not reviewed by the now defunct Historical Enquiries Team (HET) and a number of elderly soldiers are facing charges connected with incidents in the 1970s.

In the latest case, two former members of the Parachute Regiment have been charged with murdering Official IRA commander Joe McCann in Belfast in 1972, while Dennis Hutchings, a 76-year-old former Life Guard, is being prosecuted over the death of a man near Benburb in 1974.

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Many senior MPs, unionist representatives and veterans’ group have claimed the arrests and charges prove a “witch hunt” against former soldiers is taking place while the activities of terrorist bombers and gunmen are largely ignored.

Mechanisms to deal with the legacy of the Troubles were agreed by Northern Ireland politicians as part of the Stormont House talks in 2014, but an amnesty was not on the table.

The proposals that were agreed, including a truth recovery body and a new independent investigatory unit, have been put on hold while a number of other disputes remain unresolved.

Ulster Unionist MLA Doug Beattie has raised concerns over the creation of a new Historical Investigations Unit (HIU) to probe the past, claiming it will effectively be a “parallel police force” operating alongside the PSNI.

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Mr Beattie has raised a number of questions over the new body’s make up and accountability.

Although Sinn Fein strongly objects to any proposals that would protect former security force members from prosecution, then party leader Gerry Adams told a Co Louth radio programme last September that “filling the prisons” with members of the IRA who murdered civilians “would be totally and absolutely counterproductive”.

The BBC has reported that the issue of protecting soldiers has caused a spat in the UK Cabinet, with Defence Secretary Gavin Williamson demanding a tougher approach.

“People will always claim there are legal reasons why you can’t, but if there is the will to do right by veterans then there can be greater protections,” he said.

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Nationalists in Northern Ireland have reacted angrily to Mrs May’s intervention, claiming published figures show that the historic investigations caseload is spread across probes into republicans, loyalists and security forces personnel.

Sinn Fein’s Michelle O’Neill said victims are “frustrated and angry at the constant delays” from the UK government,” and added: “This is being compounded by the ongoing refusal to release the legacy inquest funding requested by the lord chief justice.”

Dolores Kelly of the SDLP said: “The falsehoods peddled by the British government expose the choke hold that the DUP has on Theresa May and her government.”

UUP MLA Doug Beattie said the HIU would be a “betrayal” of former soldiers and police officers.

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The Ulster Unionist MLA said the HIU will be acting as a “parallel police force” creating questions around its make up and accountability.

“The case load will focus on state forces and the need to comply with Article 2 obligations under the ECHR (European Convention on Human Rights),” Mr Beattie said.

“Only the state has records, so inevitably the HIU’s focus will be on the police and army, because no equivalent records exist for the IRA or loyalist terrorist groups, who between them were responsible for 90% of Troubles-related killings.

“This suits those who wish to rewrite the past and portray the state, the police and the army as the villains of the piece, but it does a massive disservice to those who put on uniforms and bravely stood between the terrorists and those they sought to terrorise.”

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Mr Beattie said new investigations would be taking place with “no appreciation of the context of the times,” with the events “being viewed through the prism of policing and justice from the safety and comfort of 2018”.

He added: “In short, the HIU is at best a grave miscalculation by the UK government, and at worse a betrayal of the RUC and the Army.”

A government spokesman said they were committed to implementing the agreed legacy institutions, and added: “These bodies will be under legal obligations to operate in ways that are fair, balanced and proportionate which do not unfairly focus on former members of the armed forces and RUC. We hope to launch a consultation soon.”

Sir Jeffrey Donaldson has added his voice to those proposing a ‘statute of limitations’ to protect soldiers in war situations from prosecution, but said it should “not just be focused on Northern Ireland”.

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The DUP MP said such conflicts as Iraq and Afghanistan should also be included.

They should be “dealt with separately from the legacy proposals,” he told the BBC’s Radio 4 Today programme.

He said that without a wider protection policy in place, some of the proposals could lead to pressure for an “unacceptable” amnesty for the IRA.

He added: “The law ... does not treat them in the same way as state forces and I don’t think we should. We are not saying there should be an amnesty – we are saying that a statute of limitations should kick in after a number of years have lapsed in the case of our armed forces.”