Source · Select Committees · Northern Ireland Affairs Committee
Recommendation 20
20
Acknowledged
Ensure effective investigation of legacy cases, reopening defective ones with appropriate safeguards.
Recommendation
By introducing what it refers to as six new protections for veterans, the Government has attempted to address concerns among former military personnel and others that legacy investigations, whether leading to prosecution or not, have amounted to punishment in themselves. To ensure fairness, however, Ministers have necessarily extended these ‘protections’ to all those engaging in the process. In doing so, they risk over-selling these provisions as guarantees and therefore undermining trust among the very groups in which they hope to instil confidence. Similarly, in pursuit of truth and justice, the new provisions must ensure the effective investigation of legacy cases including, with clear and appropriate safeguards for all, the reopening of previously defective investigations, only where necessary for the purposes of ECHR compatibility or owing to new evidence. (Conclusion, Paragraph 138)
Government Response Summary
The government explains the purpose of veteran protections and commits to continued engagement with veterans to inform careful consideration of additional measures, acknowledging concerns that current provisions may not go far enough.
Government Response
Acknowledged
HM Government
Acknowledged
We owe our Operation Banner veterans an enormous debt of gratitude – their service and their sacrifice will never be forgotten. The Government has a duty of care to all those who served. The collection of protections were designed following consultation with veterans, and were not included in the previous government’s Legacy Act. All of these measures have been introduced in order to protect and ensure the fair treatment of any veteran who is asked to engage with legacy mechanisms. Some of the measures proposed will, in fact, apply only to veterans, including the proposed protection from cold calling and the new safeguard that ensures veterans do not have to give unnecessary witness evidence on historical context and general operational details. Other measures, including the right to give evidence remotely and having regard to the welfare of witnesses, will necessarily apply to others. This will ensure, for example, that former police officers are able to avail of these measures if asked to participate in legacy mechanisms. The Government recognises, however, the concern in the defence community that these measures do not go far enough. The Government continues to engage closely with veterans and their representatives at both ministerial and official level, and to listen to their views. Those discussions will continue to inform the Government’s careful consideration of additional measures that could be brought forward to address the legitimate concerns of veterans that legacy issues are addressed in a way that is fair, balanced, and proportionate.