Contribution
On Sunday, I read the Bill again carefully, and parts 3, 4 and 5, in very clear terms, are the conveyor belt that I was speaking about. However, for those who still believe Ministers’ claims, here are the reasons that they are simply untenable.
First, unlike our veterans, who were never given letters of comfort by the Blair Government, hundreds of paramilitaries were. Before anyone says, “Ah, but those letters have no legal validity”, tell that to the families of the four soldiers killed in 1982, alongside seven horses, by the alleged Hyde Park bomber John Downey, whose subsequent murder trial at the Old Bailey in 2014 collapsed when he produced his letter in court and the judge promptly abandoned proceedings. Indeed, that is how the existence of those hitherto secret letters—written at the insistence of Gerry Adams—even came to light.
Secondly, unlike with the British state, there is no IRA records office to conveniently trawl through in order to seek files and dossiers to help bring multiple cases to court. Such notes as the IRA ever kept were burnt or shredded long ago for obvious reasons.
Thirdly, after the recent acquittal of Soldier F, where Judge Lynch KC, in a two-hour judgment, said the evidence from 53 years ago was “well short” of the standard required for a successful prosecution, the Northern Ireland Secretary himself admitted in the House on 3 November that it is “vanishingly difficult” to obtain convictions all these years on. Even he knows that it is not credible, yet for the veterans it is the process itself—the sword of Damocles hanging over their heads, often for years and without remorse—that is the punishment as much as the eventual outcome.
Fourthly, and crucially, under the post Good Friday agreement Northern Ireland (Sentencing) Act 1998, which this Bill does nothing to repeal, even if an alleged IRA paramilitary could be arrested, charged and successfully prosecuted many years on, even if their likely letter of comfort was discarded, and even if they were somehow eventually convicted, the most they could serve, even for murder of one of those soldiers, would be two years—and that is before they are given early release.
Lastly, and most powerfully of all, the wives themselves have decried it. Helen Kelly, the wife of 2 Para soldier Ned Kelly, brutally injured by a bomb on Op Banner in 1994—four years before the Good Friday agreement—said this yesterday about the Government’s plans:
“If Labour think I will be given closure, that’s a load of rubbish! This is opening up old wounds and setting anxiety off in families for whom this has never ended. Labour can’t hide behind us military wives saying we will get closure, because we won’t. It needs to remain in the past—stopping the tit-for-tat. We are the forgotten ones, still living out that nightmare.”
What about the operational effects on recruitment and retention in today’s Army? Our armed forces already have more people leaving than joining, and this revival of lawfare will make that worse. Bluntly, fewer people will sign up and more will leave, especially among our special forces, which is a gift to our enemies and a worry to our friends. Indeed, General Lord Dannatt, another former Chief of the General Staff, said recently:
“If potential recruits to our Armed Forces do not believe that their Government will stand by them, when performing their duties in a lawful manner, then why risk joining at all?”.
Just last week, in an unprecedented move in my 24 years in this House, nine very senior officers, including three previous heads of the British Army, Generals Carleton-Smith, Sanders and Wall, wrote an open letter to The Times heavily criticising the Government’s proposals and this associated Bill, which they powerfully described as a
“direct threat to national security”.
If time permitted, I could read out literally dozens of quotes, from more generals, commanding officers and a former regimental sergeant major of the SAS, down to junior non-commissioned officers—all of them criticising Labour’s proposals and their adverse effect on our armed forces, whether past, present or future. And yet still, the Northern Ireland Secretary knows better than all of them and he ploughs on regardless.
When our elderly veterans, some of them in their 80s, some in failing health, and some who are literally Chelsea pensioners, for goodness’ sake, end up in court again, perhaps as early as next year, who do they think the public will believe? That is why even prominent Labour figures are now breaking ranks to tell the Government to change course. Lord West, a former Labour security Minister, has publicly cautioned Ministers over Labour’s proposals. Lord Glasman, founder and chairman of Blue Labour, recently said of Labour’s legacy plan:
“We must reverse it as soon as possible”.
The Royal British Legion has expressed its concerns about the Bill and its effects on veterans, as have Help for Heroes and the three veterans commissioners. This is a virtually friendless Bill.
In conclusion, no other country on earth would treat its own brave veterans in this way—none. This is a truly wretched Bill, supported by Sinn Féin but opposed not just by Members on the Opposition Benches but by thousands of veterans and their highly experienced former commanders, who really do know better. I say to all those veterans tonight that, if we get the chance, we will do whatever it takes to rescind Labour’s Bill and stand by them, just as we sought to do with our original legacy Act of 2023.
Even the public oppose Labour’s pernicious plans, and a parliamentary petition entitled “Protect Northern Ireland Veterans from Prosecution”—it has been referred to—has amassed over a fifth of a million signatures, and led to a heated debate in Westminster Hall. The sketch writer Quentin Letts said that he had never seen Westminster Hall so packed before, and neither had I.
Division lists last forever, and certainly until the next general election. I genuinely caution Labour Back Benchers not to be seduced by the blandishment of the Whips—I should know; I used to be one—into blithely following their Ministers, who I believe are acting akin to Lenin’s wise fools and helping to revive Sinn Féin’s vile campaign of lawfare against the British Army.
When all is said and done, it is a straightforward choice this evening, and a matter not of microdetail but of principle. It is the No Lobby to stand with our veterans, and with Private Tommy Atkins, without whose brave service there would never have been any Good Friday peace agreement in the first place. Or it is the Aye Lobby, for two-tier justice and lawfare for years, largely at taxpayers’ expense, and against our own troops who had the courage to deploy to Northern Ireland and oppose the terrorists in the first place. To put it another way, when the Division bells ring in a few minutes, and for the avoidance of doubt, we stand four-square with our veterans. Who now will stand with us?