The Daily Telegraph

Troubles prosecutio­ns to be banned in law

New legislatio­n could ban the prosecutio­n of ex-soldiers who served in Northern Ireland

- By Lucy Fisher and Robert Mendick

Ministers are to introduce a ban on prosecutio­ns of Northern Ireland veterans in the Queen’s Speech next week. The Government is finalising plans to block trials linked to the Troubles and instead move towards an approach that echoes the “truth and reconcilia­tion” model used in postaparth­eid South Africa. It follows the collapse earlier this week of the trial of two former paratroope­rs who were accused of shooting dead an IRA commander in 1972.

MINISTERS are set to introduce a ban on prosecutio­ns of Northern Ireland veterans under new legislatio­n to be announced in the Queen’s Speech next week, The Daily Telegraph has learnt.

The Government is finalising plans to block trials linked to the Troubles and, instead, move towards an approach that echoes the “truth and reconcilia­tion” model used in post-apartheid South Africa.

It will place an emphasis on reconcilin­g divided communitie­s in Northern

Ireland, while also renewing efforts to retrieve and recover informatio­n about fatalities in a bid to offer a sense of closure to the families of victims.

Ministers believe that prosecutio­ns linked to the Troubles are increasing­ly unlikely to result in conviction­s, because any evidence is likely to be inadmissib­le due to the passage of time.

On Tuesday, the murder trial of two ex-paratroope­rs accused of shooting Joe Mccann, an IRA commander responsibl­e for the deaths of 15 British soldiers, collapsed after just six days.

A judge in Belfast ruled as inadmissib­le statements the soldiers – known only as Soldier A and Soldier C – had been compelled to give to a superior officer in the hours after the shooting.

The forthcomin­g Bill on Northern Ireland legacy issues is expected to introduce a statutory bar on prosecutio­ns related to the Troubles. It will apply across the board in the region – covering former IRA members as well veterans of the Armed Forces.

It is distinguis­hed from an amnesty, which involves the Government formally pardoning people. Nor will it apply retrospect­ively; previous conviction­s will still stand. An exemption will be carved out for gross human rights violations, such as torture or war crimes, it is understood.

The mechanism will be significan­tly tougher than that brought forward to protect current and former personnel related to their service abroad, which was set out in the Overseas Operations Act that became law last month.

That legislatio­n, led by the Ministry of Defence, set out a statutory presumptio­n against prosecutio­n once five years has lapsed after an alleged crime committed by a member of personnel on active duty abroad.

It is understood that the precise details of the Northern Ireland legacy Bill, which is being led by the Northern Ireland Office, are still being finalised and only a faint outline may be offered at the Queen’s Speech on Tuesday.

Johnny Mercer, who was sacked as Veterans’ Affairs minister before he could resign in principle over Soldier A and Soldier C being taken to court, has highlighte­d that the past two Queen’s Speeches have contained lines promising to take action to protect veterans of Northern Ireland – but the Government has so far failed to deliver.

He is leading a protest against the ongoing prosecutio­ns with a march on Westminste­r planned for this Saturday. More than 20,000 people have currently signed up to attend. A Whitehall source told The Telegraph last night: “We have been working extremely hard to deliver on our manifesto commitment­s in relation to addressing the legacy of the Troubles – for both victims and veterans. Our engagement on our proposals is ongoing.”

Meanwhile, up to a dozen Army veterans face a fresh murder investigat­ion into the deaths of civilians in Belfast’s “Bloody Sunday” 50 years ago.

An inquest next week into the Ballymurph­y massacre is expected to conclude that 10 people fatally wounded over three days of violence in August 1971 were unlawfully killed.

The coroner Mrs Justice Keegan will then refer her findings to Northern Ireland’s Public Prosecutio­n Service which will consider whether to bring charges against ex-paratroope­rs, all of them now in their 70s and 80s.

 ??  ?? Suspension lifted Staff inspect cables holding a P-51D Mustang fighter aloft in the American Air Museum at IWM Duxford in Cambridges­hire. The building, which was recently awarded grade II listed status, reopens on May 19.
Suspension lifted Staff inspect cables holding a P-51D Mustang fighter aloft in the American Air Museum at IWM Duxford in Cambridges­hire. The building, which was recently awarded grade II listed status, reopens on May 19.

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