Parachute Regiment to receive amnesty over Northern Ireland murder claims

The witch hunt of Paras is at an end: Amnesty for Troubles veterans that will stop prosecutions for anything that happened before Good Friday Agreement… but IRA also covered in deal

  • Northern Ireland Secretary Brandon Lewis will announce the plan tomorrow 
  • He is set to grant an amnesty for crimes committed during the Troubles 
  • British soldiers and paramilitaries will benefit from tomorrow’s announcement
  • The government has faced criticism from ex-soldiers facing historic allegations

Veterans who served in Northern Ireland are finally set to be freed from the threat of prosecution.

In a victory for the Daily Mail, a planned statute of limitations will today be announced covering all incidents during the Troubles.

The move by Northern Ireland Secretary Brandon Lewis is expected to bring justice for up to 200 British soldiers who served during 30 years of bloody conflict in the Province.

But, in a bitter blow, it will also give an effective amnesty to IRA terrorists who murdered and maimed thousands during the period.

Northern Ireland secretary Brandon Lewis, pictured, is expected to bring proposals to the House of Commons tomorrow to effectively grant amnesty to crimes committed during The Troubles

Northern Ireland secretary Brandon Lewis, pictured, is expected to bring proposals to the House of Commons tomorrow to effectively grant amnesty to crimes committed during The Troubles

Northern Ireland secretary Brandon Lewis, pictured, is expected to bring proposals to the House of Commons tomorrow to effectively grant amnesty to crimes committed during The Troubles

Amnesties from prosecution for crimes committed before the Good Friday Agreement will be granted to veterans involved in the bitter 30-year conflict. Pictured: Demonstrators protest against the prosecution of 'Soldier F'

Amnesties from prosecution for crimes committed before the Good Friday Agreement will be granted to veterans involved in the bitter 30-year conflict. Pictured: Demonstrators protest against the prosecution of 'Soldier F'

Amnesties from prosecution for crimes committed before the Good Friday Agreement will be granted to veterans involved in the bitter 30-year conflict. Pictured: Demonstrators protest against the prosecution of ‘Soldier F’

Members of the Parachute Regiment were accused of murder after the Bloody Sunday massacre in Derry in January 1972 which saw 13 unarmed civilians shot dead during a civil rights march (Pictured the funeral procession of the 13 victims)

Members of the Parachute Regiment were accused of murder after the Bloody Sunday massacre in Derry in January 1972 which saw 13 unarmed civilians shot dead during a civil rights march (Pictured the funeral procession of the 13 victims)

Members of the Parachute Regiment were accused of murder after the Bloody Sunday massacre in Derry in January 1972 which saw 13 unarmed civilians shot dead during a civil rights march (Pictured the funeral procession of the 13 victims)

The plan could lead to the end of proceedings against a 65-year-old man who was arrested in Belfast last year in connection with the 1974 IRA pub bombings in Birmingham, in which 21 people were killed.

What were the Troubles? A brief history:

The Troubles were a 30-year conflict in Northern Ireland lasting from the 1960s until 1998.

They initially began as protests from minority Catholic groups in Northern Ireland against discrimination from the majority Protestant government.

But violence broke out amid accusations of police brutality, leading the British Government to deploy troops.

Paramilitary groups were set up, including the most infamous, the Irish Republican Army (IRA), who began a guerrilla campaign against British troops.

The fighting was bloody, with more than 3,500 people killed in the conflict – half of whom were civilians.

One of the flashpoints of the conflict was the 1972 Bloody Sunday, in which British troops shot dead 13 unnamed men during a rally in Derry protesting the internment of suspected paramilitaries.

The event led to a significant increase in hostilities, both in Northern Ireland and in England, where the IRA carried out a series of bombings in civilian areas. 

The fighting continued throughout the 1980s and into the 1990s, when the IRA launched a mortar on Downing Street in an attempted assassination of then Prime Minister John Major.

A ceasefire was declared in 1996, and two years later the Good Friday Agreement was signed, bringing to an end the fighting – though tensions still remain to this day.

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In a further blow, the move may come too late to halt the prosecution of two former soldiers which are already before the courts.

Ministers were advised that they would fall foul of human rights laws if the amnesty was applied on only one side.

A Government source said it would ‘end the cycle of investigations against our veterans’, which has been likened to a witch hunt.

Last night, the plan to end the harassment of former British soldiers was given a cautious welcome by veterans groups and some Conservative MPs.

But there were concerns about any perception of equivalence between terrorist killers and soldiers deployed to keep peace.

The decision to introduce a statute of limitations is likely to spark an angry reaction among Northern Ireland’s main political parties. Earlier this year, Sinn Fein’s Michelle O’Neill, Northern Ireland’s deputy first minister, described it as a ‘slap in the face’ for victims.

The DUP has also opposed the idea, with MP Gavin Robinson saying: ‘There should not be an amnesty, there should be no evaporation of justice for victims.’ But ministers believe it is time to ‘draw a line’ under the conflict.

Today’s package is likely to include a commitment to a South African-style ‘peace and recollection’ process designed to help the Province ‘move on’ from its dark past.

A Government source said: ‘We want to give Northern Ireland society the best chance of moving forward as one – to do that we must confront the difficult and painful reality that the realistic prospect of prosecutions is vanishingly small, and while that prospect remains Northern Ireland will continue to be hamstrung by its past.

‘Our legacy package will support Northern Ireland to move beyond an adversarial cycle that doesn’t deliver information or reconciliation for victims and survivors, nor end the cycle of investigations against our veterans.’

Last night, the relatives of civilians shot dead by soldiers during a notorious Troubles flashpoint in Ballymurphy, west Belfast, in 1971, said so-called ‘amnesty’ plans amounted to the Government ‘burying war crimes’.

Paul Young, a former Blues and Royals soldier now working with the Justice for Northern Ireland Veterans campaign group, said: ‘Like everything else, the devil is in the detail. We have always resisted the equivalence or to be seen as the same as terrorists and that’s the problem with this amnesty.

‘Veterans will be overjoyed if the legislation is acceptable to us and ends the constant cycle of trauma with repeated investigations. But we have seen things before and they haven’t been good – we welcome a chance to look at these proposals. We do believe the Government wants this to stop and is trying to find a way through, but it has to be the right way through.’

Tory MP Julian Lewis, former chairman of the Commons defence committee, said a statute of limitations on both sides, coupled with a truth and reconciliation process, was ‘the only way’ to draw a line under the ‘tortuous cycle of reinvestigation’.

‘There is no way that you can come up with a solution that will satisfy everybody,’ he said. Dr Lewis said the IRA ‘effectively already had a get-out-of-jail free card’ as a result of concessions granted by Tony Blair as part of the Good Friday Agreement.

The sentiment was echoed by former Tory chairman Norman Tebbit, whose late wife Margaret was severely injured in the IRA’s 1984 bombing of Brighton’s Grand Hotel.

Former service personnel have been highly critical of the Government after several former members of the Parachute Regiment faced prosecution over alleged murders during the 1970s

Former service personnel have been highly critical of the Government after several former members of the Parachute Regiment faced prosecution over alleged murders during the 1970s

Former service personnel have been highly critical of the Government after several former members of the Parachute Regiment faced prosecution over alleged murders during the 1970s

Months before Bloody Sunday, the Parachute Regiment were involved in the shooting dead of 11 unarmed civilians in Ballymurphy, Belfast, pictured

Months before Bloody Sunday, the Parachute Regiment were involved in the shooting dead of 11 unarmed civilians in Ballymurphy, Belfast, pictured

Months before Bloody Sunday, the Parachute Regiment were involved in the shooting dead of 11 unarmed civilians in Ballymurphy, Belfast, pictured

Families of the Bloody Sunday and Ballymurphy victims want former soldiers prosecuted, but supporters of the paratroopers claim they should be granted an amnesty

Families of the Bloody Sunday and Ballymurphy victims want former soldiers prosecuted, but supporters of the paratroopers claim they should be granted an amnesty

Families of the Bloody Sunday and Ballymurphy victims want former soldiers prosecuted, but supporters of the paratroopers claim they should be granted an amnesty

Lord Tebbit said: ‘It won’t make much difference to the terrorists – Tony Blair gave the IRA a free pass years ago. But stopping the persecution of our soldiers would be a good thing – it has been completely unfair.’ But former Tory veteran minister Johnny Mercer said the idea was simplistic.

Mr Mercer, who quit the Government over its failure to end the witch hunt against British veterans, said: ‘A statute of limitations without qualification is an amnesty – something I have always opposed.

‘We should not, in all conscience, cut off pathways to justice where evidence exists, simply because of time passed. It would be wrong to do so, and veterans who fought to keep the peace within the strict constraints of the law in Northern Ireland have never advocated this path.’

It is estimated that a total of 3,250 people lost their lives during the Troubles, which marked the longest continuous deployment of the Armed Forces in British military history.

An estimated 90 per cent of those were killed in paramilitary attacks. In contrast, the military were responsible for 301 deaths, with half being linked to terrorist groups, and the other half tragic casualties. More than 1,400 military personnel were killed.

Earlier this month, prosecutors in Northern Ireland dropped murder charges against two veterans following the collapse of the landmark trial of two ex-paratroopers accused of murdering an IRA leader.

The prosecutions of Soldier F, accused of the murder of two people during Bloody Sunday in January 1972, and a veteran known as Soldier B, accused of murdering a teenager in Londonderry six months later, were shelved after a judge ruled statements taken at the time were inadmissible.

Philip Barden, a partner at legal firm Devonshires, has represented a number of veterans in relation to incidents during the Troubles. He said drawing a line and stopping criminal prosecution of veterans ‘can only be a good thing’. 

Prosecutors to review cases of at least 16 after IRA trial fiasco 

At least 16 Army veterans facing charges over shootings during the Troubles will have their cases reviewed following the collapse of a landmark trial, it was revealed in May.

Prosecutors will re-examine evidence dating back to 1972 after Soldiers A and C were acquitted of the killing that year of Official IRA commander Joe McCann.

A judge ruled statements given by the men, now 71 and 70, in the immediate aftermath of the shooting – and again in 2010 – were inadmissible.

His scathing comments led the prosecution to offer no evidence on the sixth day of the trial in May.

Four soldiers have already been charged with offences including murder. 

As of May, a further 12 were awaiting decisions on prosecutions following historic investigations by the Police Service of Northern Ireland.

Seven were members of a covert military unit made up of members of the SAS, Royal Marines and Parachute Regiment instructed to ‘eliminate’ suspected members of the IRA. 

The failed prosecution of Soldiers A and C was the first carried out against ex-servicemen in Northern Ireland since the Good Friday Agreement of 1998. 

The province’s deputy director of public prosecutions said lawyers would now ‘carefully consider’ whether the judge’s comments would affect other cases.

Mr Justice John O’Hara dismissed the statements Soldiers A and C gave following the shooting of McCann, saying they were ‘compelled’ to make them and did not have legal representation.

Soldiers involved in fatal incidents were not questioned by police under caution until a year later, in 1973.

Justice O’Hara also ruled in May that the interviews the veterans voluntarily gave to the Historical Enquiries Team in 2010 were inadmissible because they were largely based on their 1972 statements.

He said investigators did not caution the men under suspicion of murder as they were not aware their report would be used in a criminal prosecution. 

In any event, Paul Johnston, deputy director of the HET, concluded in his report into the death of McCann that there was ‘no new or compelling evidence’. Despite his findings, charges were brought without the veterans even being arrested or interviewed by police.

Philip Barden of Devonshires Solicitors, which represents Soldiers A and C and other Northern Ireland veterans, said any statements obtained prior to 1973 should be ruled inadmissible in future cases.

He added that proceedings stemming from HET statements would also need to be ‘carefully looked at’ to ensure defendants were cautioned for specific offences. 

A veteran known as Soldier B is charged with the murder of teenager Daniel Hegarty in Londonderry in 1972 during an Army operation.

Another known as Soldier F is charged with two counts of murder and four counts of attempted murder in relation to 1972’s Bloody Sunday deaths.

And Dennis Hutchings, a 79-year-old former soldier in the Life Guards, is charged with attempted murder over a shooting in County Tyrone in 1974.

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