Northern Ireland Veterans Commissioner David Johnstone has expressed serious concerns about the Government's proposed legacy legislation, warning that it could expose former service personnel to further investigations and prolonged legal proceedings.
In interviews with The Times and The Irish Times, Johnstone questioned whether the Government's latest amendments to the Northern Ireland Troubles Bill would provide sufficient protection for veterans whose actions had already been investigated.
The Republic's role during the Troubles
In his frank interview in Dublin with Mark Hennessy of The Irish Times, published on 14 October, Johnstone challenged the Republic of Ireland's approach to the legacy of the Troubles.
He argued that the Irish authorities had failed adequately to acknowledge the extent to which paramilitary activity was organised or supported from across the border, questioning the Republic's position in current discussions about legacy investigations.
Johnstone also criticised what he regarded as the imbalance between the investigative arrangements being developed north and south of the border.
Accountability and new evidence
Johnstone emphasised that service personnel who committed crimes should remain liable to prosecution.
His objection is to reopening previously investigated cases without clear and compelling new evidence.
He acknowledged that some historic investigations would not have met modern standards, while arguing that the operational circumstances faced by soldiers and police officers must also be recognised.
Mr Johnstone's Irish Times interview concludes:
Operations such Coagh, Clonoe and Loughgall were “planned by senior military, signed off by the chief constable, signed off by the general officer commanding [GOC], and, usually, signed off by the prime minister”, says Johnstone.
“This is where veterans say enough is enough. They were there under lawful orders,” he says.
“So, if there’s a problem, it’s not the soldiers’ fault. Put the prime minister in the dock, put the GOC, or the chief constable.”
The Times interview: 'Lawfare on steroids'
Speaking to The Times, Johnstone described the potential continuation of inquests and legal challenges as "lawfare on steroids", warning that the legislation could reopen cases investigated and closed decades ago.
He also questioned the financial and wider social consequences of prolonged legacy proceedings, suggesting that the legislation could set back the peace process.
He expressed support for the amendment tabled by former Armed Forces Minister Al Carns MP, which would transfer previously halted inquests to the proposed Legacy Commission rather than allow them to resume separately.
Mr Johnstone's remarks add to the concerns recently raised by former senior Army commanders Sir Peter Wall and Sir Nick Parker about the distinction between protecting veterans from repeated questioning and protecting them from repeated investigations and legal proceedings.
13 October statement from Northern Ireland Commissioner's Office
Mr Johnstone's office has also published a short online statement confirming his ongoing engagement with these issues following the Government's submission of proposed amendments to the Troubles Bill on 12 October.
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