The British government has added a package of safeguards for former soldiers and police officers to legislation replacing the Northern Ireland Legacy Act, including a consent requirement for serious prosecutions connected with the Troubles.
Under the proposed amendments, the attorney general would have to approve any such prosecution while acting in a quasi-judicial capacity and applying the established tests of evidential sufficiency and public interest. The government says the model has precedents in cases involving national security.
The body responsible for legacy investigations would also have to consider whether compelling new evidence exists, or whether a witness is likely to provide new information, before requiring participation. Veterans asked to give evidence could seek anonymity and an assessment of whether age or health makes participation appropriate, and they would not be required to travel to Northern Ireland.
Another amendment would instruct the investigative commission and coroners not to treat lawful conduct by members of the armed forces as equivalent to terrorist acts by paramilitary organisations. It would also require attention to operational conditions, training, command orders and the need to make rapid decisions under threat.
The language does not grant immunity. It changes the statutory factors and gateways that precede investigation or prosecution. Those distinctions will matter because courts found the conditional-immunity scheme in the 2023 Legacy Act incompatible with human-rights obligations. The new bill is intended to replace that act and repeal its immunity provisions.
The government describes the amendments as a way to prevent repeated investigation without closing the route to information for bereaved families. Critics may test whether the protections create unequal treatment or impede effective investigation. Those questions will turn on the enacted text and how the new commission, coroners and prosecutors use it.
The amendments have been tabled but have not yet completed Parliament.
Northern Ireland Office announcement and amendments
