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Telegraph
27-06-2025
- Politics
- Telegraph
Starmer's tsar attacks ‘two-tier' plans to prosecute Northern Ireland veterans
Sir Keir Starmer's Northern Ireland veterans' tsar has branded plans to axe a law protecting Troubles veterans from prosecution as 'immoral' and 'two-tier justice'. David Johnstone, the veterans' commissioner for Northern Ireland, said that repealing the Legacy Act would lead to 'vexatious lawfare' against former soldiers. He told The Telegraph that up to 70 former soldiers would be forced into the dock 'for doing their jobs' fighting the IRA on behalf of the British government. Mr Johnstone, a former Army reservist, was appointed by Hilary Benn, the Northern Ireland Secretary, in January to act as an independent voice for veterans. He has demanded that the Government abandons its plan, claiming that it will lead to a situation where former IRA terrorists have legal protections not afforded to veterans. The high-profile intervention will be another blow to Labour's legislative agenda, as the proposals face mounting opposition and protests by the Armed Forces community. Parliament will hold a debate next month after a petition demanding protections for veterans against Troubles prosecutions garnered more than 145,000 signatures. The 2023 Legacy Act put an end to fresh historical inquests into deaths that occurred in Northern Ireland during the Troubles, as well as civil actions. It created the Independent Commission for Reconciliation and Information Recovery, which would review deaths and serious injuries that occurred during the conflict. However, Labour pledged in its manifesto to scrap the legislation, which it said was unpopular with Irish political parties and victims' groups as well as being incompatible with the European Convention on Human Rights (ECHR). The plans to repeal the legislation have caused alarm among veterans, who are worried that they will be forced into legal proceedings for actions they took decades ago. Speaking to The Telegraph, Mr Johnstone said that it was wrong to persecute veterans for 'doing their jobs' when many Troubles-era attacks on British soldiers were never investigated. He said: 'It's lopsided, it's two-tier justice, and if the Government thinks that they can reverse this and there not be pushback from veterans, well, I think they're in for a surprise, because veterans are just not going to stand for it.' Mr Johnstone added: 'The pressure is on that this British Government should not make reversals that will put soldiers in the dock for doing their jobs.' He estimates that 33 inquests would 'almost certainly' be allowed to proceed if the legislation is repealed, around half of which involve state forces pulling the trigger. 'You could be looking at 50, 60, 70, soldiers having files passed to the PPS [Northern Ireland's public prosecution service], many of them ending up in the dock,' he said. Mr Johnstone said that repealing the law as the Government plans to would lead to a 'lopsided' approach to post-Troubles justice. One of the most controversial elements of the 1998 Good Friday Agreement saw paramilitary prisoners released from jail as part of securing an end to the conflict. The Commissioner said: 'The then-Labour government came to the society in Northern Ireland, and said, 'Look, in order to have peace, you must accept terrorists being let out of jail… royal pardons, effective amnesty for terrorists'. 'Then there was the decommissioning of weapons, which meant that the evidence that could have put terrorists in prison was destroyed. 'So society was asked to accept all of those things. And yet, 27 years on, we have this ongoing vexatious lawfare which is targeting and demonising those who wore the uniform.' He continued: 'It was a legal Act of Parliament that sent them here. When they went out on the ground, and particularly the incidents that are caught up in these inquests, those soldiers were given orders by superior officers, and they carried out those orders. 'So the demonisation and this attempt to rewrite history is really why there is such a pushback among veterans.' One of the men who could be caught up in the courts is Glen Espie, formerly a part-time soldier of the Ulster Defence Regiment, who survived two revenge murder attempts by the IRA. Mr Espie took part in an SAS operation in Loughgall, Co Armagh, in March 1987, when an IRA unit mounted a gun and bomb attack on the local police station. All eight members of the unit were shot dead after a gun battle. A civilian was also killed. Mr Johnstone warned that Loughgall will be 'one of the first inquests that will come down the line' if the Legacy Act is repealed. 'Where is the inquest into the attack on Glen Espie and the many other thousands of people who lost their lives in Northern Ireland and many, many more who are injured and who carry the scars of the Troubles?' Mr Johnstone grew up in Northern Ireland and is himself a former soldier, having signed up for the Royal Irish Regiment Reserves in 1988, before going on to serve in Iraq in 2004. As part of his role, he has spoken to many ex-servicemen who served during The Troubles, now mostly in their seventies and older, who fear ending up in court. 'I don't know any veterans that are afraid of the truth. But veterans, as far as they're concerned, followed the law. They were given orders. 'In that scenario there's something immoral about dragging them through a legal process, particularly when it's clear it is just part of a wider vexatious lawfare.' In February last year, the High Court in Belfast ruled that elements of the Legacy Act passed by the Tories breached the ECHR. Opponents who brought the legal challenge said that the parts of the legislation breached Articles 2 and 3, the Right to Life and the Prohibition of Torture. Veterans' concerns have become more acute after an inquest earlier this year ruled that SAS soldiers were not justified in opening fire and killing a gang of IRA men in Clonoe, Co Tyrone, in 1992. Kevin Barry O'Donnell, Sean O'Farrell, Peter Clancy, and Patrick Vincent died after carrying out a machine gun attack on the nearby Coalisland RUC station during which 60 shots were fired but nobody was injured. The coroners' report cites previous judgements on whether the use of force was compatible with Article 2 of the ECHR. While the Government has challenged the ruling and plans to submit it for judicial review, Mr Johnstone said that the judgement had 'set alarm bells among the veteran community'. Mr Benn told the Commons in December that he would seek to 'correct the mistakes of the previous government's approach, ensure compliance with the ECHR, and deliver on what this Government has promised'. But Mr Johnstone said: 'The ECHR was not designed to be applied to terrorists. It was designed for innocent people'. The commissioner has met with Mr Benn in person twice, and the subject of the second meeting was specifically how to deal with legacy issues. 'There's no doubt that his ear is open to receiving the information about the feelings of veterans,' Mr Johnstone said. But he added: 'The default seems to be, 'Well, it was in our manifesto, we've promised to do this, therefore we have to do it', as opposed to, well that promise may have been made in good faith during the campaign, but you must face the reality of now.' The commissioner also warned that scrapping the Act would have a detrimental effect on recruitment to the military. 'Why would any young person want to join the military, if 50 years after an incident, in say, Ukraine, or whatever operational environment, there could be a knock at the door in the middle of the night and you're dragged through court proceedings potentially charged with murder,' he said. 'It just defies belief.' Mr Johnstone mentioned the case of Dennis Hutchings, a Troubles veteran who died in 2021 aged 80, while he was on trial in Belfast over a 1974 shooting. He also recalled appearing at a ceremony commemorating the 80th anniversary of VE Day, and meeting an elderly veteran who served in Operation Market Garden in the Netherlands. 'The contrast between a man who is lauded for answering the call of his nation and going to Market Garden in the Second World War, and then Dennis Hutchings, who was only 20 years younger, dying in a hotel room on his own, dragged through 10 years of court for what?' he asked. 'For answering the call of his nation, donning the uniform and following orders.' Mr Johnstone said: 'Surely as a society, we're better than that, and this is why I feel like the Government has to really take a step back.' Mr Benn insisted that the Government was right to scrap the effective Troubles amnesty. He said: 'The Legacy Act has been rejected in Northern Ireland and found by our domestic courts to be unlawful, not least because it would have offered immunity to terrorists. Any incoming government would have had to repeal unlawful legislation and it is simply wrong for anyone to suggest otherwise.' He said that the Government's commitment to veterans in Operation Banner [the deployment of British troops to Northern Ireland] was 'unshakeable' He added: 'The Legacy Act did nothing to help our veterans – it offered only false and undeliverable promises. 'I and the Defence Secretary are engaging with our veterans community and with all interested parties over future legislation, and we will ensure that there are far better protections in place.'
Belfast Telegraph
15-05-2025
- Politics
- Belfast Telegraph
NI Veterans Commissioner ‘not surprised' by reported Army anger over plans that could see Troubles veterans in court
David Johnstone was speaking after signing a petition calling for a debate in Parliament urging the Government not to allow Army veterans of the Troubles to be prosecuted under the Legacy Act, which is facing changes. Although Labour said it will axe parts of the Act — such as a controversial immunity provision for those involved in Troubles crimes — it intends to restore legacy inquests and civil cases. The petition has also been supported by MPs from all three Northern Ireland unionist parties at Westminster. On Tuesday it emerged that the Ministry of Defence (MoD) has launched an investigation over an unauthorised social media post from the Army's largest infantry regiment condemning the Government's actions. 'The Government is tone deaf to just how much this issue is exercising veterans' The Rifles regiment's X account posted a link to the petition set up by retired brigadier Ian Robert Liles, calling on the Government not to make any legislative changes that would allow Troubles veterans to be prosecuted. Accompanying the post was the comment: 'The Government is looking to repeal elements of the NI Troubles Act. This will mean that veterans can be reinvestigated despite having previously been cleared of any wrongdoings. 'So that a parliamentary debate can be held to correct this, we encourage you to click on the link and sign your name.' The post has since been deleted and the MoD said it is investigating. A similar post from the Fusiliers Regimental HQ account also shared the link, accompanied by the comment: 'Army veterans recently launched a petition, objecting to Labour's 'Two Tier Justice' of pursuing Army Veterans. 'They need 100k signatures to get the subject debated. Can you help? Please sign and share!' Andrew Fox, a retired Parachute Regiment Major, told the Daily Mail the authorised social media posts from the Rifles and Fusiliers hinted at a 'mutiny' building within the Army. Speaking to the Belfast Telegraph, the Northern Ireland Veterans Commissioner said it was not for him to comment on the posts in question, as he is focused on veterans issues, adding that what regular Army units do is outside his job description. Mr Johnstone added: 'All I will say is that the stories that have been appearing, I don't find surprising, because I think the Government is tone deaf to just how much this issue is exercising veterans. And clearly, by definition, also those that are currently serving, who maybe have relatives that are veterans, or who can put themselves in a similar situation as those that are currently being hauled before the courts. 'I know for a fact that many regular soldiers are asking themselves: 'If I make that split-second decision in the line of duty on an operation that I've been ordered to go on, am I, 30, 40, 50 years later, going to find myself in a court case being prosecuted? Because of a split-second decision that I made in a very complex engagement with enemy forces?' 'I think this highlights just the seriousness of the trajectory of opening up inquests and trying to relook at various things that happened during the Troubles through the lens of European Court of Human Rights legislation, and the lens of modern-day civilian law versus the law that soldiers operate under in Northern Ireland.' Regarding the petition, Mr Johnstone said it's an 'important exercise of democracy' that those 'who are exercised by this issue have an opportunity to publicly register their concern around what is a very, very important issue for veterans'.
Telegraph
13-05-2025
- Politics
- Telegraph
Army regiment condemns Starmer's move to scrap veterans' Troubles protections
The Ministry of Defence is investigating after the army's largest infantry regiment appeared to condemn the Government over plans to scrap Troubles protections for veterans. An unauthorised tweet from the official account of The Rifles urged members to sign a petition for a debate in parliament to 'correct' plans to repeal parts of the Legacy Act. Critics say ministers' plans to change the law will allow veterans to be re-investigated after being previously cleared of wrongdoing A petition was launched last week by Ian Robert Liles, a retired brigadier, calling on the government not to make any changes to legislation that would allow veterans to be prosecuted. Mr Liles said the petition is aimed at 'stopping the Government from allowing persecution of our Northern Ireland veterans' who served under Operation Banner, the codename for British Armed Forces operations in Northern Ireland from 1969 to 2007. It was shared by the Rifles Regiment's X account on Tuesday. The petition has so far gathered 38,000 signatures meaning the Government will have to respond and if it reaches 100,000 signatures will be considered for debate in Parliament. It has been signed by many former soldiers as well as David Johnstone, the Northern Ireland veterans commissioner. The post, featuring the regiment's logo, said: 'The government is looking to repeal elements of the NI Troubles Act. This will mean that veterans can be re-investigated despite having previously been cleared of any wrong doings. 'So that a Parliamentary debate can be held to correct this we encourage you to click on the link and sign your name'. The tweet was later deleted. Conditional immunity The Legacy Act halted dozens of civil cases and inquests linked to the conflict and also offered conditional immunity for perpetrators of crimes during the Troubles in exchange for their co-operation with a new investigatory body, the Independent Commission for Reconciliation and Information Recovery (ICRIR). The Act followed a number of British Army veteran prosecutions in recent years in connection with fatal incidents during the 30-year conflict between republican and loyalist paramilitaries. It was pushed into law by the Conservatives despite opposition from all the major Northern Irish parties, including the DUP and Sinn Fein, and the Republic of Ireland. Critics were opposed to the concept of offering perpetrators of crimes conditional immunity and a Northern Irish High Court ruled the legislation was incompatible with human rights laws. Labour has now started the process of repealing the Act after promising to do so before the general election in July. The Government is retaining certain elements of the Act, including the ICRIR, but will axe the contentious immunity provision and see the restoration of legacy inquests and civil cases. Last month a thousand veterans descended on Parliament on Good Friday to protest against the changes. The bike-riding veterans, many dressed with medals and berets from their service in Northern Ireland, closed much of Westminster in an organised go-slow demonstration. The Rifles is the British Army's largest infantry regiment and is at the forefront of overseas operations and describes itself as one of the finest fighting units. It is made up of more than 4,300 riflemen and seven battalions across 26 locations. An MoD spokesman said: 'We are investigating a tweet which was published in error and without correct authorisation.'
BBC News
07-05-2025
- Politics
- BBC News
NI veteran's commissioner says Irish government 'duck out' of legacy
Irish government 'duck out' of legacy, says veterans' commissioner David Johnstone says "the response from the Irish government to this whole legacy process has been woefully inadequate" The Irish government's approach to the legacy of the Troubles is "wholly inadequate", Northern Ireland's veterans' commissioner has said. David Johnstone said the ability of the Dublin government to "duck out of the legacy process was a scandal". He was speaking to MPs on the Northern Ireland Affairs committee at Westminster which is examining the UK government's new approach to legacy. He said the "Irish state was a player in the Troubles" and pointed to the 500 murders which happened along the border where he claimed those responsible came from or returned to after their "acts of terrorism".
NZ Herald
02-05-2025
- NZ Herald
Kaitāia man accused of murdering Archibald McKenzie denies charge in High Court appearance
Edmonds was then arrested and appeared in the Kaikohe District Court last month. At today's second appearance, he entered a not guilty plea to the murder charge. As Justice David Johnstone dictated his formal minute of the proceedings, he mentioned that McKenzie was Edmonds' uncle, triggering some emotion from the packed public gallery. 'He's not our whānau, bro,' one person said, referring to Edmonds. Edmonds began to shuffle on his feet while in the dock. Then, as the hearing finished and he was being led away to be taken back into custody, he began a mihi to the people in the public gallery, addressing them in te reo Māori. As security guards tried to move him on, Edmonds said to the gallery, 'Aroha mai whānau, aroha mai. I wanted to apologise earlier through our cousin.' His lawye, Mathew Ridgley, told him to stop talking, to which Edmonds responded, 'I have to 'cause they're my whānau.' 'We're not your whānau,' a member of the public said. A three-week trial has been scheduled to begin on September 20, 2027. Edmonds will next appear for a case review hearing on July 4.
