“Soldier F” Trial Verdict

David Davis Excerpts

Monday 3rd November 2025 Commons Chamber

[Hilary Benn]

I am sure that my right hon. and hon. Friends who are Ministers in the Ministry of Defence will have heard what my hon. Friend has said. The protections in the legislation that has been brought before the House are the result of extensive discussions with the Secretary of State for Defence, the armed forces Ministers, and veterans’ organisations.

[David Davis (Goole and Pocklington) (Con)]

The Front Benchers have rightly referred to the pain of the relatives of those who died on Bloody Sunday. We all share their sympathy, but nothing justifies the persecution of innocent people, particularly innocent veterans. The judge in the trial said:

“The evidence presented by the Crown falls well short of…the high standard of proof required in a criminal case”.

Nevertheless, in two weeks’ time, there will be another case involving another soldier from 53 years ago, which has already been reviewed for four years by the Director of Public Prosecutions and ruled as “no case to answer”. Despite that, with no evidence whatsoever having been provided since that time, that man is being put through misery and persecution now—a 78-year-old man sitting in anxiety in his home, waiting to be prosecuted for a case that should never have been brought. Does the Secretary of State not recognise that this is injustice? Wrap it up however he likes, it is injustice, and his legislation will mean that many more such cases will occur.

[Hilary Benn]

The legislation that the Government have put before the House will make no change at all to the basis on which decisions about any potential prosecutions are made. Indeed, that system will remain as it has been right through the course of the troubles and in the 27 and a half years since. [Interruption.] It is the case. Decisions about prosecutions are taken independently by prosecutors, and it is not for us to gainsay the decisions that those prosecutors make, because that is the absolute bedrock of our independent judicial system.

--- Later in debate ---

[Hilary Benn]

The Irish Government do not have a veto. I stood next to the Tánaiste, Simon Harris, and I made commitments on behalf of the British Government and he made commitments on behalf of the Irish Government. All of us in the House who wish families to get the answers for which they have been searching for so long should welcome the fact that the Irish Government are prepared to move from where they are now, because they oppose the legacy Act too, to a place where they will give this their fullest co-operation. In the course of that, we all hope to provide more information to give more families answers. That is what we are trying to do, and I hope the hon. Gentleman will welcome the fact that the two Governments are working together on this, because it will help the families.

[David Davis]

On a point of order, Mr Speaker.

[Mr Speaker]

Yes, if it relates to the urgent question.

[David Davis]

During his responses today, the Secretary of State has said two things: on the one hand, he said that letters of comfort do not give immunity; and on the other hand, he accepted that letters of comfort stopped the prosecution of Mr Downey for the Hyde Park bombing. It seems to me that those two statements are inconsistent. What way is available to him to correct Hansard and put one of them right?

[Hilary Benn]

Further to that point of order, Mr Speaker. What I said was absolutely accurate, as the right hon. Gentleman well knows. On the circumstances of the trial of Mr Downey in relation to the Hyde Park bombing, the reason why the judge called that to a halt was set out. But subsequent statements made it quite clear that those letters of comfort did not constitute immunity, as the subsequent events—not least the impending prosecution of Mr Downey—demonstrate.