Attorney-general given power to approve Troubles prosecutions

Powers to prosecute Troubles cases are being transferred from Belfast to London under new government measures to better protect British troops from historic legal battles. As part of a package of planned legislative changes announced by Labour on Monday, the attorney-general must now provide consent for any “serious” prosecutions related to violence in Northern Ireland. Most commented 1 Tiger kills man who ‘jumped’ into pen at Yorkshire Wildlife Park 786 comments Officials responsible for reviewing fresh demands for legal action will also need to consider if “compelling new evidence” exists before approaching any witnesses. Wes Streeting, the defence secretary Karl Black/Alamy Writing in The Times today , Wes Streeting, the defence secretary, and Sir Chris Bryant, secretary of state for Northern Ireland, said: “The search for truth and answers must never be hijacked by those seeking revenge in the name of justice. Top stories 1 Starbucks ‘explores takeover’ of Chipotle Mexican Grill US business “That is why, over the last few months, we have listened to veterans, victims’ groups, including those representing service families, and the wider defence community to hear their concerns. Advertisement “We are responding by making sure the Troubles Bill properly protects all those troops who served with honour.” Top stories 1 Budget 2026 predictions: when is it and what could change? Economics 2 ‘I went from high-flyer to house husband. Here’s how I beat my shame’ Family Finances 3 Retirement isn’t a cliff edge. It’s a window and you need to plan for that Pensions The announcement comes after former soldiers who endured years of investigations before effectively being cleared by courts accused the government of allowing the “cynical exploitation” of the judicial system to persecute veterans. Sir Chris Bryant speaks outside Hillsborough Castle after hosting talks on the Drumcree parading dispute this month LIAM MCBURNEY/PA Troops who served during the decades-long conflict said “ludicrous” and “vexatious” legal proceedings were brought against them, while the SAS Regimental Association, which represents special forces, said the system is being “abused and it is the process that is the punishment”. Labour unveiled its controversial Northern Ireland Troubles Bill last year to replace the previous Conservative government’s 2023 Legacy Act, which introduced a ban on inquests and civil actions related to Troubles-era killings. The High Court in Belfast ruled in 2024 that the Act breached the European Convention on Human Rights by offering immunity from prosecution to suspects who cooperated with investigators. Advertisement Labour’s bill involves the introduction of a Legacy Commission to investigate unresolved killings, a separate information recovery body, and a dedicated legacy unit within An Garda Síochána (Irish police). British soldiers in Belfast city centre during the Troubles. Former troops currently fighting legal battles will not benefit from the changes, it is understood Alamy The party said its series of new amendments, tabled on Monday, “significantly reduce” the prospect of military veterans facing “rinse and repeat” investigations. Under the proposals, troops will not be cold-called without warning or have to travel to Northern Ireland to give evidence; will have the right to seek anonymity; will have protection in old age; will have the right to be heard; and “will not face repeated investigations”, the government said. Prosecutions will still be brought under the amended bill, which Streeting and Bryant said seeks to address the “deep scars” that “remain from the Troubles” on both sides. However, in their joint article for The Times, they stressed that there will now “be no duplication of previous investigative processes unless it is essential, and that witnesses cannot be contacted unless it has been clearly demonstrated that there is compelling new evidence. Nor will veterans be forced to traipse to Northern Ireland to attend hearings.” Advertisement Don’t leave us in a ‘spiral of lawfare’, Troubles veterans tell MPs Crucially, the amendments require the consent of Ellie Reeves, the attorney-general, before any prosecutions proceed, rather than the Public Prosecution Service for Northern Ireland. Acting “quasi-judicially”, she will apply “established prosecution principles of evidential sufficiency and the public interest” to determine if cases can go ahead. Streeting and Bryant added: “For too long, our servicemen and women have had to fear the knock at the door, the call from an unknown number or the ping of an email notification, as they bear the brunt of incidents being reinvestigated years or decades after the events in question.” The Special Air Service Regiment (SAS) badge TODAY PIX Criticising the previous Conservative government’s scheme, they said “terrorists would have enjoyed the same immunity as veterans … so we will not only repeal it, we will make clear — in black and white— that there is no equivalence between paramilitaries, who waged campaigns of violence, murder and destruction, and the lawful actions of our Armed Forces sent to stop them.” Former troops currently fighting legal battles will not benefit from the changes, it is understood. This includes Soldier B, a former special forces soldier who joined the army in 1978 and served six tours of Northern Ireland. The veteran had his name effectively cleared for a third time last year after five years of investigations and criticism of those challenging the veteran from a judge. His lawyer revealed last month that he now faces “sleepless nights” after the family of an IRA man killed in an ambush more than three decades ago were granted legal aid to continue their case against him. Advertisement The Tories said the changes do not go far enough and that they still strongly oppose the bill as it leaves veterans vulnerable to persecution. Alex Burghart, shadow secretary of state for Northern Ireland, and deputy leader of the Conservative Party, said: “These amendments have only been in the public domain for a few hours but it is already apparent that they are much more about persuading Labour backbenchers to vote for this awful bill than actually protecting veterans. “Labour are reopening the door to vexatious litigation against those who protected our country. The Conservatives will continue to lead the fight against this legislation.” Mark Francois, shadow armed forces and veterans minister, added: “As veterans well know, this whole bill has now become embroiled in Labour’s willingness to appease Dublin , as part of their wider ‘EU reset’. We are wholly opposed to this and will continue to defend those who have defended us.”