Labour former defence minister Al Carns has said he is “deeply concerned” about the Government’s draft legislation on the legacy of the Northern Ireland Troubles.
Mr Carns, who served in Northern Ireland in 2003, argued the Bill does not protect veterans as it should, claiming it will allow lawyers to “rewrite history” and to “paint the state as the aggressor”.
Speaking during committee stage of the Northern Ireland Troubles Bill, the MP for Birmingham Selly Oak warned the draft law “deals the best possible hand to our adversaries”.
Mr Carns told the Commons: “I am still deeply concerned that this Bill opens up floodgates to hundreds of lawyers to pursue what can only be described as a strategic effort to rewrite history, to paint the state as the aggressor, and indeed to use the processes of punishment to hit back at our brave serviceman and woman who served in Northern Ireland.”
The former veterans minister argued that this will be used to “convince the good people of Northern Ireland that reunification is the answer to all of their problems”.
“Morally and ethically, from my perspective, this doesn’t support our veterans as it should. Strategically, it deals the best possible hand to our adversaries,” he concluded.
The Northern Ireland Troubles Bill was first introduced to Parliament last year following agreement on a joint framework with the Irish government.
Last week, the Government proposed 156 amendments to the Bill, prompting concerns over the ability of MPs to adequately scrutinise the draft legislation.
The draft law is set to overhaul the previous Conservative government’s Legacy Act, which aimed to draw a line under the conflict and legal cases which have followed.
Mr Carns argued the “twin track approach” of the new Legacy Commission and continued inquests will “cost a huge amount of money”, and is confusing for victims.
He tabled an amendment, which he said he would not push to a vote, that would move all inquests into the Legacy Commission and create “one simple body for truth and reconciliation, with an acceptance that the likelihood of justice is vanishingly small”.
The former defence minister said he finds it “highly unlikely” that the Republic of Ireland will “provide us with the dearth of information and intelligence that must exist on cross-border IRA activities over 30 years”.
Shadow defence minister Mark Francois also criticised the Bill, claiming veterans are fearful they will be used as “pawns in a wider game to appease Dublin”.
“The Bill, even amended, still provides a mechanism to pursue (veterans) by lawfare to the advantage of those such as Sinn Féin”, he added.
Conservative MP for South Shropshire and Northern Ireland veteran Stuart Anderson warned against relying on memories of events from decades ago, noting that he and several of his former comrades had “exceptionally different” recollections of events that took place.
He told MPs: “Our brave service men and women that we sent to the Troubles or send anywhere have to do some of the most horrendous things in the name of freedom and protecting the country, and I’ve seen that first-hand.”
Mr Anderson said he believes the Bill will have unintended consequences in that it will “open the doors and our veterans will be in the docks for years to come”.
Northern Ireland Secretary Sir Chris Bryant said: “The goal of this legislation is to create a human rights-compliant legacy process, which all communities, including veterans and former police officers, can have absolute confidence in.”
He said the Government’s amendments would “ensure our veterans are treated fairly”, adding: “I think and hope that all honourable members agree that there is no moral equivalence between lawful actions of our armed forces and paramilitaries who were responsible for barbaric acts of terrorism.”
Northern Ireland Secretary Sir Chris Bryant said he wants a human rights-compliant legacy process (Zoe Head-Thomas/PA)
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Sir Chris said new clause 32 recognises the “operational context in which veterans served, and the circumstances in which they needed to make decisions in deploying the use of force so as to prevent harm.
“This includes recognising the orders they were given, intelligence briefings available to them, and the age, experience, and training available to many of these soldiers.”
Under the Bill, there are three hurdles which must be cleared before a veteran is asked to act as a witness, Sir Chris said.
These are that new evidence must materially change the investigation, that the commission must undertake disclosure from state authorities and that the commission must consider whether compelling new evidence is known or reasonably expected to exist.
On co-operation from Dublin, he said: “I just don’t want to give the Irish government a free pass on this.
“I think we need to be ambitious. Just as there should be a duty of candour for us, so there must be a duty of candour for the Irish government.
“Every time I’ve raised this with my counterparts in Dublin, they have insisted that they intend to stand by their commitments, and I think we must make sure that they do.”
Ahead of committee stage of the Bill, shadow Northern Ireland secretary Alex Burghart said the time allocated to scrutinise the legislation was “wholly inadequate”.
Northern Ireland Office minister Sarah Owen said the Government had tabled amendments with plenty of time and added the Government had set enough debates aside for it.
She said: “Almost three decades on from the Good Friday Agreement, the issue of the legacy of the Troubles remains unresolved. After many years of bereaved families being let down, this may be our last chance to get it right.”.
Under the Bill, which is being debated across two days, the UK’s Attorney General will be given the responsibility of deciding whether serious prosecutions related to the troubles should go ahead.
Earlier on Monday, Sir Chris said the draft law would provide “greater clarity and consistency”.