Full story from the Sunday Times.
Would a retrospective amnesty be legal?
Army veterans will be protected from prosecution for alleged historic abuses under plans to introduce a 10-year limit on new cases, The Sunday Times can reveal.
Gavin Williamson, the defence secretary, is expected to bring forward the proposed legislation in this year’s Queen’s speech after growing pressure on the government to address the legacy of the Troubles in Northern Ireland.
The disclosure comes amid claims that four army veterans are expected to be charged with murder over the deaths of Bloody Sunday protesters almost five decades ago.
Fourteen people were killed and another 14 injured during the civil rights demonstration in Londonderry in 1972. A 12-year inquiry by Lord Saville into the shootings concluded in 2010 that the paratroopers “lost control” and that none of those shot were “posing any threat of causing death or serious injury”.
Northern Ireland prosecutors will reportedly make an announcement on March 14 about whether any of the former 18 paratroopers from Support Company, 1 Para who have been under criminal investigation will be prosecuted.
The veterans — 17 of whom are still alive — risk being charged with offences including murder, attempted murder, grievous bodily harm and perjury.
This weekend, the families of victims said a prosecution would help bring closure and recognition of “value” to the innocent lives lost.
Williamson, who has previously described cases against ex-servicemen as a “witch-hunt”, said last night the case relating to Bloody Sunday “completely turns the stomach of the British people”.
He also said the government “had to do something to make sure our soldiers and veterans have the protection they deserve”.
The Sunday Times understands the new measures being proposed will include:
- A statutory presumption against prosecution, which will mean there will be a presumption not to prosecute veterans if the alleged offence took place more than 10 years ago
- Attorney-general consent, which will require the cabinet minister to give his approval in order for a prosecution to proceed
- New advice from the attorney-general, which will make clear the level of evidence required to bring forward a prosecution, as well as set a test for whether bringing forward the case is in the public interest.
William Nash, 19, was killed on Bloody Sunday
Kate Nash, whose brother William, 19, was shot in the chest and killed on Bloody Sunday, said she wanted justice for the sake of upholding the law and recognising her brother’s life.
“It’s not about vengeance,” she said. “It’s just about the acceptance and the recognition that my brother was a murder victim and that his life was worth something.”
Nash’s family lawyer, Darragh Mackin, said the historical nature of the alleged crimes should not diminish their seriousness and nor should veterans be allowed to get away with them because they were deemed to be serving their country.
“You cannot look at these offences through any other lens simply because they are members of the British Army,” he said. “We must apply the law equally to all.”
Williamson said the Bloody Sunday case highlights why the government needs to act. “We can’t be asking men and women [to], without a second thought, go and serve their country and not be looking at everything we can to give them the protections that they deserve,” he said.
“The Bloody Sunday case highlights the fact that this is something that has been needed to be done for far too long, and we’ve started to look at how we can find these practical solutions to help service personnel — not just past conflicts, but also in future conflicts.”
Former BBC journalist and manager in Belfast, Manchester and London, Editor Spolight; Political Editor BBC NI; Current Affairs Commissioning editor BBC Radio 4; Editor Political and Parliamentary Programmes, BBC Westminster; former London Editor Belfast Telegraph. Hon Senior Research Fellow, The Constitution Unit, Univ Coll. London
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