SAS letter is 'clear, measured, compelling': Unionists react to intervention by regimental association against Northern Ireland Troubles Bill
A body representing SAS veterans has made legal arguments which are “clear, measured and compelling” against the Labour government’s Northern Ireland Troubles Bill, says an MP.
KC-turned-politician Jim Allister made the comments in the wake of the surprise announcement by the SAS Regimental Association that it is threatening legal action if the bill gets enacted in its present form (details here).
Meanwhile fellow MP Robin Swann said it serves to highlight the “significant concerns” that many have about the planned legislation.
As the News Letter has been reporting for weeks, there has been mounting criticism of the government's approach to legacy issues, of which the bill forms a significant part.
Specifically, there have been accusations that the government has "oversold” what it describes as six new protections for veterans (some of which are written into the bill) which are designed to soften the process of giving evidence to inquests or the new Legacy Commission.
Under the bill, Troubles legacy inquests – such as those into the SAS’ Loughgall ambush which killed eight armed IRA attackers – are to re-start, having been halted by the previous Tory government.
Also being reinstated is the potential for prosecution over Troubles crimes, with the Legacy Commission taking charge of investigating historic incidents.
Critics fear that, under these plans, former soldiers will be unfairly targeted with shaky prosecutions.
The SAS Regimental Association is a charity, and on its behalf the major law firm Sidley Austin penned a letter to the Northern Ireland Office, setting out its objections to the bill in detail.
It has since been circulated online by, among others, former Tory peer Lord Ashcroft.
Speaking in the Commons on Wednesday, Tory MP and former SAS reservist David Davis said “I know of no precedent for this in the entire history of the British Army”.
It followed on from an open letter voicing similar concerns from nine retired generals, published in The Times.
Now, TUV leader Mr Allister has told the News Letter: “I welcome this significant intervention from the Special Air Service Regimental Association, an organisation famous across the globe for its service in the fight for freedom against terrorism.
"Their detailed legal analysis exposes that the government’s new Troubles Bill is gravely deficient and fails to deliver meaningful safeguards to those who served our nation.
“For all the talk of protecting veterans, the bill does nothing of the sort.
"The association has rightly highlighted how the legislation:
"Fails to provide a statutory bar on repeated investigations;
"Contains no requirement for genuinely new evidence before reopening a case;
"Ignores the crucial operational context in which soldiers served at great personal risk;
"Takes no proper account of the age and health of veterans;
"Allows repeated questioning without strict safeguards; refuses to define ‘victim’ or ‘survivor’, meaning presumably that the definition in the 2006 Order which draws no distinction between the innocent victim and the terrorist injured as he went about to harm others is considered a victim;
"And offers no guaranteed anonymity, exposing veterans to danger and retribution.
"These are not minor issues – they are a litany of failures which make a mockery of the government’s claims that veterans’ interests have been taken into account.
“I commend the SAS Regimental Association for setting out such a clear, measured, and compelling case.
"The government must listen and must change course.”
UUP man Mr Swann meanwhile said: "This move by the SAS Regimental Association shows the significant concerns and lack of safeguards within the current Troubles Bill. I believe as it stands, it fails to protect those who served lawfully.
“No veteran who acted lawfully as part of their duties should be left feeling exposed or unprotected.
"It is completely unacceptable to draw any moral or legal equivalence between terrorists and soldiers.
“That’s why I’ve tabled nine amendments to strengthen the bill.
"These amendments will protect veterans, prevent terrorists from being empowered in the legacy process and to ensure justice for innocent victims.”
In response to the criticisms in the SAS letter, the Northern Ireland Office pointed the News Letter to comments made by Hilary Benn in the Commons this week, namely: “There will be protection from repeat investigations, so the commission doesn't go over old ground without compelling reasons.
"There will be protection from cold calling, and protection in old age so that elderly veterans are respected.
"And those who do contribute to the legacy process will have a right to anonymity, a right to stay at home to give evidence remotely, and a right to be heard through the commission.”
He had also said: “I will continue to talk to victims and survivors, veterans and others, and colleagues in all parts of the house, during the passage of the bill to consider where amendments might further improve it.
"Equally, I hope that all who seek a fair and effective way forward will recognise that the bill represents a fundamental reform of current arrangements, and that it should be given a chance to succeed."