MoD obliged to preserve records relating to Troubles for next 10 years
It is believed to cover some 50,000 documents relating to Operation Banner, and comes after a request by lawyers for the family of a teenage girl killed in Londonderry in 1971.
Annette McGavigan, 14, was killed during unrest in Derry on September 6. She was said to have been playing with a friend when she was shot dead.
Her family has been campaigning for decades for answers and justice. There is a mural in her memory in the Bogside area of the city.
Martin McGavigan and his daughter Maria McGavigan have been campaigning for answers around the death of Annette McGavigan in Derry in 1971 (Ashlee Ruggels/PA)
Last year, Northern Ireland's Attorney General Dame Brenda King granted a fresh inquest into Miss McGavigan's death, but that came just before the former Government's Legacy Act deadline which halted all inquests which had not reached their final stages.
It also followed a decision by the Public Prosecution Service not to prosecute a former soldier in relation to the teenager's death.
Miss McGavigan's family has expressed hope that the current Labour Government will honour the fresh inquests directed by the Attorney General before the cut-off date in April 2024.
It is understood that there are some 22 inquests relating to more than 40 deaths in Northern Ireland still outstanding, with some other previously unallocated legacy inquests also due to be honoured.
Patricia Coyle, solicitor for Miss McGavigan's family, said they have secured a Preservation Order for the MoD documents for a further period of 10 years to 2035.
They wrote to the MoD, Lord Chancellor and Secretary of State for Culture, Media and Sport (SSCMS) in April to request an extension of an existing Preservation Order for all MoD Operation Banner documents dating from August 1969 to July 2007.
The 2014 order listed the documents to be preserved as including 'operational briefs and summaries, log sheets, patrol and incident reports from Operation Banner in Northern Ireland'.
Miss Gavigan's family said they want to ensure that the MoD continues to preserve all Army documents relating to Operation Banner for the period 1969 to 2007 so that they, and other families seeking information in legacy cases, can access relevant state materials for the purposes of future legacy inquests, civil actions and public inquiries.
Ms Coyle said the Preservation Order is of the utmost importance to all families seeking answers over incidents involving the Army during the Troubles.
'In 2015, my clients sought the preservation of all relevant MoD documents relating to British Army's activities in Northern Ireland from 1969 to 2007,' she said.
'In particular they wished to secure the preservation of all Army documents relating to the killing of their 14-year-old sister Annette on September 6 1971 in Derry so these are available for the fresh inquest they achieved last year.'
She said the first Preservation Order for these documents was granted in December 2014 for 10 years.
'The legal obligation to preserve 50,000 Army records relating to Northern Ireland was transferred from the Lord Chancellor to the Secretary of State for Culture, Media, and Sport (SSCMS) in 2015,' she said.
'In April, this year our clients sought a further Preservation Order from the MoD, Lord Chancellor and SSCMS. Lawyers acting on behalf of the Ministry of Defence have now confirmed that a further 10-year Preservation Order was signed by SSCMS on May 6 2025.
'The preservation of these records is of paramount importance for all families in Northern Ireland who seek access to information and truth about the killing of their loved ones in cases involving the Army.'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Belfast Telegraph
an hour ago
- Belfast Telegraph
Crowds enjoy Pride parade in Ballymena as teenager charged over slurry incident
Police are treating the incident, which happened overnight, as a hate crime. The parade went ahead this afternoon, with colourful scenes on the streets as hundreds of people took part. Banners and rainbow flags were carried as the procession made its way through the town. A small counter-protest was also staged, with some displaying religious messages on placards. This afternoon the PSNI said the man had been charged in connection with the slurry incident ahead of the parade. 'A 19-year-old man, arrested in the Granville Road area of Ballymena, after slurry was spread on a number of roads in the area on Saturday morning, has been charged with criminal damage, possession of an article with a blade or point and causing material to be deposited on a road. "He is due to appear at Coleraine Magistrates Court on Monday, June 30. "As is normal procedure, all charges are reviewed by the Public Prosecution Service.' Political representatives led condemnation of the incident, with one MLA saying it was a 'disgusting' attempt to intimidate those taking part in the Pride parade. Local people and businesses took part in a clean-up operation this morning. The Pride parade started at 2pm and finished up at Greenvale Street, which was one of the areas affected, an hour later. Organisers said the event was an effort to celebrate "diversity, inclusion and cross-community unity.' Scott Cuthbertson from The Rainbow Project thanked local businesses who helped clear the area ahead of the parade. He branded the incident 'disgusting'. Alliance MLA Sian Mulholland said 'There is no place for this kind of disgusting and deliberate attempt to intimidate, disrupt or shame those taking part in a peaceful and joyful celebration of love, identity and community.' News Catch Up - Friday 27th June She added: 'Ballymena Pride is a historic and hopeful moment for our town. No amount of hate will drown out the message of inclusion, solidarity, and pride that today represents.' Justice Minister Naomi Long said on X: 'I despair the mentality of those who spread slurry on the streets of their town motivated by hate and bigotry. Disgusting in every sense of the word. 'Solidarity to all at Ballymena Pride. It's a frightening time but love will always triumph over hate.' UUP MLA Doug Beattie also condemned what happened. 'I think this is appalling, stupid and a level of hatred not wanted by the majority of people in Ballymena,' he said. Sinn Féin MLA Philip McGuigan said: 'This is a disgraceful act, clearly intended to disrupt Ballymena's first pride parade and intimidate those taking part.' SDLP councillor Séamas de Faoite said it was a 'shameful and targeted act of intimidation'. Ahead of the parade, the PSNI said there would be an increased police presence in Ballymena 'to ensure everyone's safety'. 'Pride is an important event for those in our community who identify as LGBT+ and for those who want to show support for our LGBT+ community,' a spokesperson said. 'We want members of our LGBT+ communities in Mid and East Antrim to feel represented by their Police Service and to know that if they come forward to report an incident, they will be met with fairness and respect, particularly if they have been subject to hate crime in any form.'
The Herald Scotland
8 hours ago
- The Herald Scotland
Families of Chinook crash victims press on with legal action
RAF Chinook ZD576 was carrying 25 British intelligence personnel from RAF Aldergrove in Northern Ireland to a conference at Fort George near Inverness when it crashed in foggy weather on June 2 1994 on the Mull of Kintyre. The families of those killed in the 1994 Chinook helicopter crash have said they will press on with seeking a judicial review after the Ministry of Defence (MoD) dismissed their demands for a judge-led public inquiry. All 25 passengers – made up of personnel from MI5, the Royal Ulster Constabulary and the British Army – were killed, along with the helicopter's four crew members. The families launched legal action in a 'letter before action' to the UK Government sent earlier this month on the 31st anniversary of the crash. They said they will now pursue a judicial review after the MoD responded and rejected their demands for a public inquiry into the circumstances surrounding the crash, and for access to files which have been sealed for 100 years. Nicola Rawcliffe, whose brother Major Christopher Dockerty was killed in the crash aged 33, said: 'I am furious and disgusted with the MoD's decision to summarily dismiss our claim. Read More 'The MoD is continuing to deceive our families and disrespect our loved ones' memories by claiming that the many previous inquiries investigated all the facts, but we now know the aircraft was not airworthy. They didn't know half of what we know now. 'The Government may have sealed the files for 100 years, but we, the families of those who died, are firmly united, strong and defiant, and we will get to the truth, no matter what it takes.' Following the crash, the Chinook's pilots, Flight Lieutenants Richard Cook and Jonathan Tapper, were accused of gross negligence, but this verdict was overturned by the UK government 17 years later following a campaign by the families. A subsequent review by Lord Philip set out 'numerous concerns' raised by those who worked on the Chinooks, with the MoD's testing centre at Boscombe Down in Wiltshire declaring the Chinook Mk2 helicopters 'unairworthy' prior to the crash. The MoD said the crash was a 'tragic accident' and while its sympathies remain with the families and friends of the victims, there have been several investigations and inquiries and it believes it is unlikely another would reach any new conclusions. Andy Tobias, who was eight when his father Lieutenant Colonel John Tobias, 41, was killed, said: 'My childhood was stolen from me because someone decided my dad and his colleagues should be put on a helicopter that was not fit for purpose. 'My mum, my brother, I and all the families deserve the truth and the MoD must repay the honour and integrity that those on board had shown in their years of service to their country. That's why we formed the Chinook Justice Campaign and we will not rest until we get the truth. If that takes a judge to rule in court, then so be it.' The families, who have coalesced into the Chinook Justice Campaign, said failing to order a public inquiry is a breach of the UK Government's human rights obligations. Solicitor Mark Stephens, from law firm Howard Kennedy, said: 'This decision by the MoD to dismiss our claim is an unforgivable betrayal of service people who gave their lives for their country and an undisguised slap in the face for their long-suffering and bereaved families. 'So much for the Government's so-called commitment to duty of candour. 'We will now seek a judicial review into the Ministry of Defence's decision to deny the families truth, transparency and justice.' An MoD spokesperson said: 'The Mull of Kintyre crash was a tragic accident, and our thoughts and sympathies remain with the families, friends and colleagues of all those who died. 'We understand that the lack of certainty about the cause of the crash has added to the distress of the families. 'We provided a detailed and considered response to the pre-action protocol letter stating the reasons why we cannot accept the demand for establishing a new public inquiry. 'It's unlikely that a public inquiry would identify any new evidence or reach new conclusions on the basis of existing evidence. 'The accident has already been the subject of six inquiries and investigations, including an independent judge-led review.' It is understood the sealed documents contain personal information relating to third party individuals and the early release of this information would breach those individuals' data protection rights.
Telegraph
8 hours ago
- Telegraph
Chinook crash families ‘disgusted' after MoD refuses public inquiry
Relatives of those killed in a Chinook helicopter crash said they were 'furious and disgusted' after the Ministry of Defence (MoD) refused their request for a judge-led public inquiry. RAF Chinook ZD576 was carrying 25 British intelligence personnel from RAF Aldergrove in Northern Ireland to a conference at Fort George near Inverness when it crashed in foggy weather in the Mull of Kintyre on June 2 1994. All 25 passengers – made up of personnel from MI5, the Royal Ulster Constabulary and the British Army – were killed, along with the helicopter's four crew members. The families launched legal action in a 'letter before action' to the UK Government sent earlier this month on the 31st anniversary of the crash. They said they would now pursue a judicial review after the MoD rejected their demands for a public inquiry into the circumstances surrounding the crash, and for access to files that have been sealed for 100 years. Nicola Rawcliffe, whose brother Major Christopher Dockerty was killed in the crash aged 33, said: 'I am furious and disgusted with the MoD's decision to summarily dismiss our claim. 'The MoD is continuing to deceive our families and disrespect our loved ones' memories by claiming that the many previous inquiries investigated all the facts, but we now know the aircraft was not airworthy. They didn't know half of what we know now. 'The Government may have sealed the files for 100 years, but we, the families of those who died, are firmly united, strong and defiant, and we will get to the truth, no matter what it takes.' Following the crash, the Chinook's pilots, Flt Lt Richard Cook and Flt Lt Jonathan Tapper, were accused of gross negligence, but this verdict was overturned by the UK government 17 years later following a campaign by the families. A subsequent review by Lord Philip set out 'numerous concerns' raised by those who worked on the Chinooks, with the MoD's testing centre at Boscombe Down in Wiltshire declaring the Chinook Mk2 helicopters 'unairworthy' before the crash. The MoD said the crash was a 'tragic accident' and while its sympathies remain with the families and friends of the victims, there have been several investigations and inquiries and it believes it is unlikely another would reach any new conclusions. Andy Tobias, who was eight when his father Lt Col John Tobias, 41, was killed, said: 'My childhood was stolen from me because someone decided my dad and his colleagues should be put on a helicopter that was not fit for purpose. 'My mum, my brother, I and all the families deserve the truth and the MoD must repay the honour and integrity that those on board had shown in their years of service to their country. 'That's why we formed the Chinook Justice Campaign and we will not rest until we get the truth. If that takes a judge to rule in court, then so be it.' The families said failing to order a public inquiry is a breach of the UK Government's human rights obligations. Solicitor Mark Stephens, from law firm Howard Kennedy, said: 'This decision by the MoD to dismiss our claim is an unforgivable betrayal of service people who gave their lives for their country and an undisguised slap in the face for their long-suffering and bereaved families. 'So much for the Government's so-called commitment to duty of candour. 'We will now seek a judicial review into the Ministry of Defence's decision to deny the families truth, transparency and justice.' 'Tragic accident' An MoD spokesman said: 'The Mull of Kintyre crash was a tragic accident, and our thoughts and sympathies remain with the families, friends and colleagues of all those who died. 'We understand that the lack of certainty about the cause of the crash has added to the distress of the families. 'We provided a detailed and considered response to the pre-action protocol letter stating the reasons why we cannot accept the demand for establishing a new public inquiry. 'It's unlikely that a public inquiry would identify any new evidence or reach new conclusions on the basis of existing evidence. 'The accident has already been the subject of six inquiries and investigations, including an independent judge-led review.' It is understood the sealed documents contain personal information relating to third party individuals and the early release of this information would breach those individuals' data protection rights.
