Northern Ireland Veterans: Prosecution

Debate between David Davis and Iain Duncan Smith

Monday 14th July 2025 Westminster Hall

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

Today, we speak on behalf of our veterans and the 176,000 members of the public who have so far signed the petition to give veterans protection against the vexatious legal pursuit of our brave heroes. Last week, when I raised this in the House, the Prime Minister dismissed it as “political point scoring.” He is wrong; it is a matter of justice, a matter of ensuring that those who risked their lives to protect our citizens during the troubles know that the state stands behind them.

The Veterans Commissioners for Northern Ireland, Scotland and Wales—not naive people—issued a joint statement last week in which they said:

“Inconsistent application of justice—particularly where it revisits incidents already thoroughly investigated—serves only to retraumatise veterans and undermine public confidence.”

I agree with that statement entirely. It is exactly consistent with the views of every veteran I have spoken to, and I have spoken to a rather large number of them since February, when I first raised this matter.

Getting this right is not just a matter of historical justice. The legal witch hunt will not end in Northern Ireland; it will cast a shadow over every future conflict that our armed forces engage in and undermine their abilities to defend us. I am a strong advocate of human rights. I think I am the only person in the House to have defeated Governments from both sides, both in the House and in court, on matters of human rights. I take those rights extremely seriously, but this issue is driven more by politics and its exigencies than by human rights.

Take the inquiry process, which both my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont) and the hon. Member for North East Derbyshire (Louise Jones) referred to. The Secretary of State will tell us later, but I imagine that by reinstating the inquiry process, the Government believe they are addressing the implied article 2 right to investigate purportedly unlawful killings. I imagine that is what they are trying to do. Indeed, The Guardian this morning, as we have heard, referred again to the Secretary of State claiming that the Government are protecting the right to investigate 202 murders of British Army soldiers. Really?

I wonder whether that claim comes with an undertaking to take witness statements from the 200 terrorists who committed those murders—who, incidentally, I say to the hon. Member for North East Derbyshire, were given pardons by Tony Blair as part of a peace process that began some 40 years ago. I think 423 were released from prison with pardons, and approximately 200 so-called “on-the-runs” received comfort letters. That is not this Act—that is then, yet it continues to exist now.

The Veterans Commissioners continued:

“There can be no moral equivalence between those who served in uniform to uphold peace and the rule of law, and those who sought to destroy it through acts of terrorism.”

Again, I could not agree more. The largest group of people killed during the troubles, by a vast margin, were murdered by paramilitaries, to use the current euphemism for terrorists. They were killed by terrorists. Every single one of those 2,000 people killed was an unlawful killing, to use the phrasing of the coroners courts these days. We do not need a court to establish that. How many of those IRA murders will be subject to inquiry? On the current listing—we have 33 listed—just two such cases, out of 2,000. That is because the major driver for these inquiries is the IRA-Sinn Féin effort to hide their own barbaric acts behind a freedom-fighting façade, trying to rewrite history with themselves as the heroes and the British state as the villains. That is why battles such as Coagh, Clonoe and, very likely soon, Loughgall feature so large in the demands for inquiries and the prosecution of long-retired, innocent British soldiers. All three of those actions were humiliating defeats for the IRA.

Let me be clear: all of the IRA members who died in those exchanges—so-called “victims” in this context—were actively in the process of committing atrocities. They were trying to murder innocent people. At Coagh, they planned to murder an off-duty Ulster Defence Regiment officer. At Clonoe, they attacked the Coalisland police station using an armour-piercing machine gun in an attempt to murder the officers inside. At Loughgall, they drove a bomb-laden digger to blow up a police station and were armed and ready to murder any survivors. All were armed, dangerous and intent on murder. Many of them had killed before, making them a fatal risk to our soldiers—a risk our soldiers had to cope with in split-second decisions. Those are the people we will put on trial if we allow them to lose their protection that we ought to be giving our veterans today.

Look at the individuals involved, starting with Coagh where the inquest heard about Michael Ryan. Ryan was probably responsible for many murders; I can cite two. He shot two UDR officers—one in front of little children at a crossing, the other in front of the officer’s 13-year-old son. That is the sort of people we are dealing with.

As for the IRA’s greatest defeat, Loughgall, the weapons recovered at the scene had been used in over 40 previous murders—there is no doubt about that. Of the IRA members there, McKearney and Arthurs were both involved in the Ballygawley police station attack, which killed a further two policemen. James Lynagh—nicknamed “The Executioner” by the Royal Ulster Constabulary—was believed to have been involved in more than 30 killings, including the cold-blooded assassination of the 80-year-old Sir Norman Stronge, who was largely blind and deaf, as well as his son in front of him.

As for Patrick Kelly, who was the leader of that attack, he led the self-styled East Tyrone brigade, which is believed to have killed around 250 people before Loughgall. By the way, he also took part in the second attempt to assassinate brave UDR officer Glen Espie, who is sitting behind me in the Gallery. He fought off the assassins on two occasions—he was shot twice and fought off IRA assassins twice. If they had not been stopped, there is no doubt that all of these killers would have continued their psychopathic campaign of murder.

The IRA’s campaign of violence was indiscriminate and extended far beyond the island of Ireland. I say to the hon. Member for North East Derbyshire that the number was not 722 if you include the police officers and UDR officers. If you include them, 1,073 servants of the British state were killed in the course of defending innocent civilians from those murderers. The IRA is trying to equate the British Government’s actions with that psychopathic behaviour, but of course nothing could be further from the truth.

There is ample evidence of the Army taking enormous risks to arrest rather than take the often safer option of killing the terrorists. Consider the arrest—not the killing—of the South Armagh sniper. He killed seven people, but he was arrested and not killed. Consider the arrest—not the killing—of the killers of Captain Westmacott. They were arrested—not killed—by the rest of his patrol. Even today’s Daily Mail mentioned the rescue of Bernadette McAliskey. There was an attempt to kill her by the Ulster Defence Association. British soldiers rescued her even though she was effectively a political arm of the Irish National Liberation Army.

The clearest demonstration of our real strategy is that, while 1,073 British forces, soldiers and policemen were killed by republican terrorists up until 1994, 145 paramilitaries were killed and 428 were taken prisoner. That means that around three or four were taken prisoner for every one killed. Seven British soldiers or policemen died for every IRA person who was killed. That tells us the strategy and it tells us what the IRA is trying to reverse.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

Does my right hon. Friend marvel at the remarkable restraint shown by British soldiers, no matter where these officers or personnel were from across the UK, in dealing with this and never once stepping over the mark in regard to these cases?

[David Davis]

Absolutely—the phrase I would use is “heroic restraint”. Under those circumstances, restraint means putting their own lives and the lives of their comrades on the line. That is what was going on there, that was the decision that was being taken, and that is what is being challenged today. My right hon. Friend is right about that, and that restraint was institutional. It was not simply heroic soldiers, although of course it was that as well. The yellow card system demanded restraint and issued warnings of proportionality.

Every time a British soldier killed a paramilitary, it was subject to rigorous judicial scrutiny, and when that process failed we ensured the matter was properly investigated. Remember the Saville inquiry, which cost £200 million, took 12 years and consisted of 5,000 pages. What other country in the world would review its own behaviour in that way? I am not going to actually give all the answers, but Members should consider in their own mind whether some of our allies might not have gone quite so far to give everybody justice.

Our soldiers were held to the highest standards of law, yet our Government are rewarding that by effectively threatening them in their retirement. Remember: we have been talking about human rights. That is not a proper reflection of their human rights. They are human beings too, and they have human rights. We should remind ourselves that human rights are founded in natural justice. They do not spring out of the air; they are founded in natural justice. In this process, there is no natural justice for our brave veterans nor, frankly, for the real innocent victims of the troubles. The process gives neither.

The Government are understandably struggling to find a solution, and the Secretary of State knows that I have some sympathy for his position. Let me tell him the criterion for success, because it is very simple. The Government must completely remove the threat of prosecution from our brave veterans who have served their country well and who have already been through the judicial review of every action they took. If the Government repeal the legacy Act without a robust replacement—that is the key point—we hand the narrative back to those who seek to rewrite history. I accept that mistakes were sometimes made, and where they were, those responsible must be held to account. That has been done. But we must not allow politically motivated lawfare to dismantle the very capabilities that make our armed forces precise, lawful, effective and among the best in the world.

Data (Use and Access) Bill [Lords]

Debate between David Davis and Iain Duncan Smith

Wednesday 7th May 2025 Commons Chamber

[David Davis]

My right hon. Friend makes a formidably important point. The amendment highlights one of the extraordinary weaknesses of the Bill, which is that it in effect reverses GDPR on a large number of citizen protections. To reiterate the point he gently made, that enormous fine will not stop TikTok, because it operates under legal compulsion. Even though it paid £450 million, it will continue to commit the criminal offence for which it has just been convicted.

[Sir Iain Duncan Smith]

I agree with my right hon. Friend: that is the peculiarity. The Minister knows only too well about the nature of what goes on in countries such as China. Chinese companies are frankly scared stiff of cutting across what their Government tell them they have to do, because what happens is quite brutal.

We have to figure out how we protect data from ill use by bad regimes. I use China as an example because it is simply the most powerful of those bad regimes, but many others do not observe data protection in the way that we would assume under contract law. For example, BGI’s harnessing of the data it has gleaned from covid tests, and its dominance in the pregnancy test market, is staggering. It has been officially allowed to take 15% of the data, but it has taken considerably more, and that is just one area.

Genomics is a huge and vital area right now, because it will dominate everything in our lives, and it populates AI with an ability to describe and recreate the whole essence of individuals, so this is not a casual or small matter. We talk about AI being used in the creative industries—I have a vested interest, because my son is in the creative industries and would support what has been said by many others about protecting them—but this area goes a whole quantum leap in advance of that. We may not even know in the future, from the nature of who they are, who we are talking to and what their vital statistics are.

This amendment is not about one country; it is about providing a yardstick against which all third countries should be measured. If we are to maintain the UK’s standing as a nation that upholds privacy, the rule of law, democracy and accountability, we must not allow data to be transferred to regimes that fundamentally do not share those values. It is high time that we did this, and I am glad to see the Minister nodding. I hope therefore that he might look again at the amendment. Out of old involvement in an organisation that he knows I am still part of, he might think to himself that maybe this is worth doing or finding some way through.

Clonoe Inquest

Debate between David Davis and Iain Duncan Smith

Wednesday 2nd April 2025 Commons Chamber

[David Davis]

My right hon. Friend makes a very good point. Of course, he is the Member for Hereford, so many of the people who have retired and will face these threats will be his constituents. He and I are long-standing supporters of human rights in this country, and have both defended article 2, for example, but this case is a misuse of article 2. The people who wrote the European convention on human rights were recently out of the second world war—they did not write it to be interpreted in this way. He has made a double point.

Returning to my right hon. Friend’s point about the IRA, since the events in question, the Good Friday agreement has allowed for the release of convicted terrorists in order to achieve an end to the bloodshed. I guess we all agree with that, yet we continue to persecute those who fought against the terrorists. These persecutions are conducted decades after the fact, without any new evidence being presented to give reason for the reopening of cases. After the action, everybody involved was questioned thoroughly to establish the facts—what the intelligence was, what the arrest plans were, and what happened. On the basis of that questioning, on 15 October 1992—with the evidence close to hand and the events fresh in the witnesses’ minds, and when investigation of everything was possible—the police and the Director of Public Prosecutions for Northern Ireland concluded that there should be no prosecution of the soldiers. There was no case to answer.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I am grateful to my right hon. Friend for bringing this debate before the House, and for the quality of his exposition. Does he agree that this case highlights the single biggest problem that we face, which is that the IRA kept no records at all, and if it did have any, it destroyed them? Many IRA members got letters of comfort from the then Government, quietly and secretly, which ended up killing any chance of prosecution. Soldiers who served have none of that; they are left out in the open, and can be prosecuted, while many IRA members have disappeared and can live a life without further charge.

[David Davis]

My right hon. and gallant Friend makes the central point of the argument perfectly. Here we are, 33 years later, with a Northern Ireland coroner judging events in retrospect, without any new evidence, and finding that soldiers acted unlawfully. That is entirely at odds with the result of the legal investigation immediately after the operation in 1992. I believe in a process of peace and reconciliation that allows closure for all the relatives of the dead, but he makes a good point: there are no records, and that goes for the vast majority of the people who died in the troubles. That makes this a process not of peace and reconciliation, but of vindictiveness and vengeance. It is an attempt to rewrite history, not find the truth.

There have been countless attempts to take British soldiers to court for their actions during the troubles, but how many ex-IRA combatants have faced the same thing? Not one. Not a single IRA member has been pursued over the 2,000 deaths—all murders—for which the IRA were responsible. Our veterans are being punished in their retirement years for decisions they made when serving their country. The psychological impact on them, and on soldiers serving today, is enormous. The ruling also undermines the integrity of present and future operations. We cannot send soldiers into high-risk environments, ask them to undertake brutal training, and expect them to operate with confidence if they fear being condemned decades later.

The ruling on the Clonoe incident risks further persecution of the British soldiers who served during the troubles. The Government must ensure that those who serve our country today are protected from such partisan distortions of justice. Our soldiers deserve better. What we are seeing with the Clonoe ruling is historical revisionism that seeks to punish those who served our country in the most difficult and dangerous circumstances. The law must be applied fairly, and we must not allow politics to undermine the legacy of those who fought to protect our freedoms.

The Government—I say this directly to the Secretary of State—gave notice at the time of the election that they intended to remove the element of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 that protects soldiers and police who served during the troubles from prosecution. The judgment from the Northern Ireland coroner on the Clonoe incident exposes a number of soldiers to potential prosecution. The Ministry of Defence is quite properly seeking a judicial review of this inquiry, but even if it wins, we must put in place statutory protections for our soldiers, now and in the future, from this persecution. These are men who served their country with honour, heroism and skill, sometimes in the face of the most incredible danger. They are now no doubt hoping for a well-earned peaceful retirement, not a future of endless stress and psychological torture. If the Government leave them open to persecution it will be shameful, and will serve only to further the IRA’s attempt to rewrite the history of Northern Ireland.

Many Members may have received letters on this issue from retired Special Air Service soldiers. Most of them say in those letters that they support human rights, but they do more than that; they guarantee those rights for the rest of us. Let me end by quoting the words of Charles Province, the American soldier and poet:

“It is the soldier, not the reporter, who has given us the freedom of the press.

It is the soldier, not the poet, who has given us the freedom of speech.

It is the soldier, not the peace camp organiser, who has given us the freedom to demonstrate.

It is the soldier, who serves beneath the flag, whose coffin is draped by the flag, who allows the protestor to burn the flag.

It is the soldier, not the politician…who has given these freedoms.”

These soldiers are the guarantors of our security, our freedom and our justice. I say to the Secretary of State, surely we owe them no less than security, freedom and justice in return.