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Joint Statement on Legacy, from the Veterans Commissioners for Scotland, Wales, and Northern Ireland

As the Veterans Commissioners for Scotland, Wales, and Northern Ireland, we recognise that the legacy of the Northern Ireland Troubles is a complex and sensitive matter, and one that successive UK Governments have sought to address. However, we must highlight that there is currently doubt and concern in the veteran community over the government’s legacy policies.

As Commissioners it is our responsibility to advocate for and be the voice of veterans in our respective regions across a range of important issues, not least on legacy. It is therefore our duty to honestly reflect the view of those veterans we represent on the recent announcement: “The Legacy of the Troubles: A Joint Framework between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland.”

Of the estimated 300,000 members of the Armed Forces who served on Operation Banner, only a small number will be directly involved in future investigations, yet the issue remains deeply significant to the wider veteran community. On their behalf, we have always argued that there should be equivalence and fairness under law for all parties, but that there can be no moral equivalence made between the legitimate actions of the security forces and those terrorists who used murder, violence and intimidation to further their cause.

Therefore, we welcome the six protections announced by the Office for Veterans’ Affairs, many of which reflect measures we lobbied for to address the legitimate concerns of veterans previously caught up in the legacy process. However, uncertainty remains about the strength and enforceability of these measures, particularly in the light of remarks made by politicians on both sides of the Border.

We strongly believe these protections must not be left as guidelines but guaranteed in legislation - particularly anonymity for veterans giving evidence. Veterans have also expressed dismay that, under the proposed Framework, some cases will recommence via the inquest route. Even with the new protections in place, this issue remains a serious source of concern for veterans. We therefore recommend that all future investigations should be sent to the Legacy Commission, which will have a stronger investigative capacity and a statutory duty not to reinvestigate cases without compelling reason.

The Joint Framework sets out a range of reforms to the ICRIR, including its renaming as the Legacy Commission. As Commissioners we will closely monitor the introduction of legislation to assess how these reforms may affect the veteran community, paying particular attention to the membership and remit of the proposed Victims and Survivors Advisory Group (which will include a veteran representative), the new Oversight Board, conflict of interest duties, the judge-led inquisitorial mechanism, the dedicated investigations unit within An Garda Síochána, and the disclosures regime. We acknowledge the positive new and long overdue commitments made by the Irish Government to the investigation of unsolved trouble related incidents in its jurisdiction. It is, however, an absolute necessity that the new processes allow bereaved families to obtain decisive and unequivocal justice for the murders of Service Personnel.

As Commissioners, we will continue to engage constructively on this matter, raising the very real concerns of the veteran community and the impact of legacy on their sense of pride in service and on the sacrifices made during the turbulent days of the terrorist campaign. In the weeks and months ahead, we will study the proposals and forthcoming legislation in detail and work with all key stakeholders on behalf of veterans and, especially, the families of those who lost loved ones through their service.