TROUBLES: reports of amnesty plan that would prevent charges over incidents before 1998

Parliament
Author: Nigel GouldPublished 6th May 2021

Future prosecutions over Troubles crimes could be scrapped, according to reports.

Articles in today's Times and Daily Telegraph newspapers suggest the Government could be set to introduce a statute of limitations to stop charges over incidents that happened prior to the Good Friday Agreement in 1998.

Many Troubles victims are opposed to such a statute - branding it an amnesty that will prevent any chances of justice.

The bar on prosecutions would apply across the board, including former security force members and paramilitaries, but an exemption would still enable war crimes, such as torture, to be prosecuted, according to the papers.

The reported move, some detail of which could be announced in next week's Queen's Speech, would signal the scrapping of a key mechanism agreed by the UK and Irish Governments and main Northern Ireland parties in the 2014 Stormont House Agreement.

The Stormont House proposals included a new independent investigation unit to re-examine all unsolved killings.

Responding to the development, Northern Ireland deputy First Minister Michelle O'Neill tweeted: "Reports that British government are to legislate for an amnesty for their state forces is another slap in the face to victims.

"Another cynical move that will put British forces beyond the law. This is legal protection for those involved in state murder. This is not acceptable.''

Ireland's Foreign Affairs Minister, Simon Coveney, who met Northern Ireland Secretary Brandon Lewis in Dublin on Wednesday, also expressed concern.

It is understood that, while legacy was discussed at the meeting, the potential of a statute of limitations being introduced in the Queen's Speech was not raised.

Ministers in Dublin are said to be dismayed by the reports.

A spokesman for Mr Coveney said: "The Irish Government discussed with our UK colleagues the commitments of the Stormont House Agreement and strongly advised against any unilateral action on such sensitive issues.

"We reiterated that only through a collective approach can we deal with these issues comprehensively and fairly in a way that responds to the needs of victims, survivors and society as a whole. Victims and their families are the only priority.''

SDLP leader Colum Eastwood said: "If true, this will be the biggest betrayal of victims by the British government & will put a huge obstacle in the way of true reconciliation. This is the most unprincipled & cynical British government in many years and that's saying something. An absolute disgrace. Shame on them.''

Alliance Party leader and Stormont Justice Minister Naomi Long tweeted: "This kind of briefing, before any meaningful engagement with victims' families, typifies the contempt with which Govt are treating victims.

"I believe that they deserve justice where that is possible: however, at the very least, they deserve not to learn of Govt plans on Twitter.''

TUV leader Jim Allister also expressed concern.

"If the kite-flying in today's national press proves correct, then amnesty for terrorist murder is shamefully on its way,'' he said.

"Amnesty for terrorists in the tailwind of action to protect veterans is not acceptable, either by reason of the equivalence it embraces or the disproportionate advantage to terrorists.

"Though the release of prisoners and 'On the Run' letters, as props to 'the process', were softening up sops towards amnesty, its final delivery is as repulsive as the steps which paved its way.

"Once more, if this proceeds, what we are really seeing is the sanitisation of terrorism, whereby premeditated murder and genocidal actions will be excused and innocent victims and those they lost once more demeaned as worthless.''

Last March, Mr Lewis announced an intention to unilaterally move away from the Stormont House deal.

He said only Troubles killings where compelling new evidence had emerged would receive a full police reinvestigation.

He added that most unsolved cases would be closed and a new law would prevent them being reopened.

On Tuesday, the trial of two former paratroopers accused of the murder of Official IRA commander Joe McCann in 1972 collapsed due to legal issues related to the admissibility of statements and interviews given by the ex-soldiers.