Westminster is set to redraw the legal map of how Northern Ireland’s Troubles-era cases are handled, with the British government due to formally table what it describes as a major package of amendments to the Northern Ireland Troubles Bill later today.
The bill is intended to replace the 2023 Legacy Act, which introduced a conditional immunity from prosecution scheme for people involved in the Troubles.
According to the British government, the amendments are designed to deliver what it calls “robust legal safeguards” for British Army soldiers and RUC officers who served during the conflict, while stripping out the conditional immunity provisions that applied to both veterans and paramilitaries under the Legacy Act.
In practical terms, the new legislation would remove the conditional immunity created by the 2023 Act and reopen the door to potential prosecutions of former British soldiers and paramilitary members — but only where specified legal tests are met.
A central change, however, would tighten control over any serious case: the UK Attorney General, a Cabinet minister, would have to give formal consent before a serious Troubles-related prosecution could proceed. That requirement would shift a crucial decision from Belfast to Westminster.
The amendments also reshape how the commission dealing with the Legacy of the Troubles operates, requiring it to assess whether compelling new evidence exists before it approaches potential witnesses in any case.
Northern Ireland Secretary Chris Bryant and Defence Secretary Wes Streeting have said the proposals would put into statute a declaration that there is no equivalence between crown forces and paramilitaries.
Under the changes, the Independent Commission for Reconciliation and Information Recovery (ICRIR) and coroners would be directed not to treat the lawful conduct of armed forces personnel as equivalent to terrorist actions by paramilitaries.
The bill further introduces measures aimed at limiting unwanted contact with former service personnel, including rules to prevent the “cold-calling” of veterans, a requirement for the commission to verify compelling new evidence before contacting witnesses, and a provision that at least one veteran or representative must sit on the Victims and Survivors Advisory Group.
