PM appears to back concerns that ex-soldiers may be soft targets for new NI investigations unit without further protections

Theresa May has given her tacit backing to cabinet ministers concerned that veterans may be unfairly pursued under plans for a new unit to investigate killings in Northern Ireland during the Troubles, calling the current system “patently unfair”.

Cabinet ministers are divided over plans for the creation of a historical investigations unit, which the government agreed to establish in 2014 as part of the Stormont House agreement, to investigate the unsolved murders.

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At Tuesday’s cabinet meeting, the defence secretary, Gavin Williamson, and the foreign secretary, Boris Johnson, are understood to have raised concerns with the Northern Ireland secretary, Karen Bradley, that ageing ex-soldiers, who had already been investigated, would not be sufficiently protected from new inquiries.

Northern Irish parties including the Democratic Unionist party (DUP) and Sinn Féin had raised objections to a potential statute of limitations for former soldiers who served in Northern Ireland, with unionists concerned it could pave the way for an amnesty for IRA terrorists.



A consultation on the unit has stalled in recent months, partly owing to the deadlock in restoring the Northern Irish executive. The Northern Ireland Office circulated a draft document to the main Northern Irish parties, though it is not thought to include any proposal for a statute of limitations.

Speaking at prime minister’s questions on Wednesday, the defence select committee chair, Julian Lewis, asked the prime minister to ensure the option for a statute of limitations was “not excluded from that consultation exercise”.



May said she wanted a solution that would protect veterans. “We have an unfair situation at the moment,” she added. “The only people being investigated for these issues that happened in the past are those in our armed forces or those who served in law enforcement.

“That is patently unfair. Terrorists are not being investigated, they should be investigated and that is what the government wants to see.”

A senior Whitehall source said Williamson believed the protections were “plainly not good enough or strong enough”. There are understood to be concerns that a statute of limitation might be subject to legal challenge, but Williamson is said to have argued those concerns could be overcome.

“There needs to be more there to protect veterans. People will always claim there are legal reasons why you can’t, but if there is the will to do right by veterans then there can be greater protections.”

Williamson is said to have argued that soldiers and police would be soft targets for new investigations because records exist of personnel whereas they do not for IRA members.

“The odds are already stacked against veterans,” the source said. “Ministers sat around the cabinet table and sent servicemen to bring peace to Northern Ireland and now could be signing them up to be prosecuted.”

The Northern Ireland Office has drafted a document circulated to the main Northern Irish parties, though consultation has stalled, partly owing to the deadlock in restoring the Northern Irish executive. The document is not thought to include any proposal for a statute of limitations.

Bradley’s office believes the unit would offer better protections for soldiers and redress an imbalance, since families pursue former soldiers through the inquest system, not available to victims of paramilitary groups.

The DUP MP Sir Jeffrey Donaldson, whose party has a supply and confidence agreement to back the Conservatives in parliament, told the BBC on Wednesday that his party had concerns that such an amnesty could pave the way for an amnesty for the IRA, which he said would be unacceptable.

Donaldson said his party would instead push for a statute of limitations to apply to all killings committed by UK armed forces across the world. That should apply whenever there had been an investigation that cleared the soldiers, to prevent cases being reopened when they were in retirement.

He said the party would oppose any proposal that “could be used by the IRA and other terrorists to try and push for an amnesty for their crimes, and that would be totally unacceptable”.

“Over 90% of deaths in Northern Ireland were caused by the IRA and other terrorist organisations and we need to remember that, and no one at the moment is investigating those murders and that’s wrong – people are entitled to justice.”