Armed Forces Act (Continuation) Order 2017

Lord Astor of Hever Excerpts

Tuesday 21st March 2017 Lords Chamber

[Lord Astor of Hever (Con)]

My Lords, I echo the very warm words of the noble Lord, Lord Touhig, about my noble friend the Minister.

I want to say a few words today about legacy issues arising from the Troubles in Northern Ireland. This is relevant to the morale and recruitment of our present-day Armed Forces. I pay tribute to all those who helped bring about the Northern Ireland peace process, and am aware of the huge effort and difficult compromises that brought about the current settlement. It is in everyone’s interest that the peace process continues and endures. Along with the police, the Armed Forces paid a huge price for the part they played in the Troubles: 520 Army, Royal Navy and Royal Air Force regulars, reserves and veterans, and 243 from the Ulster Defence Regiment and the Royal Irish Regiment, including veterans, were murdered by terrorists. Countless others were seriously injured, and left to bear the mental and physical scars.

We should not forget that the Army was originally called to Northern Ireland to restore order and to protect Catholics. Quite by chance, serving with the Life Guards I was one of the first soldiers sent to Northern Ireland in August 1969. I can vouch that our soldiers, mostly young men, conducted themselves to the highest possible professional standards, despite some very difficult times. I am concerned, however, about the legacy issues and, as an example, want to raise one particular case—that of former Life Guards Corporal Major Dennis Hutchings, whose committal hearing took place in Armagh today. I declare an interest in that I am on the Life Guards regimental council and served with Dennis Hutchings in this country and in the Far East. However, I do not raise the issue for this one case alone. It is of great interest to other veterans who may face similar problems to his in the future.

In 1974, the Life Guards were sent to Northern Ireland. In June, Dennis was on patrol and came across an IRA unit with weapons being readied for an attack. He exhibited great bravery in engaging the terrorists in a firefight; several terrorists were arrested. This shows that Dennis was an exemplary soldier who used proportionate force and exhibited great bravery. A couple of days later, while soldiers were sweeping a locality for terrorists who had escaped, John Pat Cunningham was shot dead. This was a tragic incident. The soldiers who are alleged to have fired the shots, including Dennis Hutchings, were interviewed under caution at the time. A file was submitted to the Director of Public Prosecutions, who concluded:

“I do not consider that the evidence warrants any criminal proceedings”.


The incident was reviewed by the PSNI Historical Enquiries Team—the HET—in 2012, which concluded that there was no new evidence and that nothing had changed. On the basis of the HET report and following a request by their solicitors, the MoD issued an apology to the family of Mr Cunningham in January 2013.

The HET was disbanded by the PSNI and replaced by a legacy unit, which again reviewed this case. There was no new evidence. Nevertheless, the PSNI was determined to arrest Mr Hutchings and in April 2015, without any warning, did so in an early morning raid at his home in Cornwall. He was immediately escorted back to Northern Ireland, held in police cells and interviewed under caution over four days. He was then charged with the attempted murder of Mr Cunningham.

Dennis has now been on bail for nearly two years. Friends report that his health has been damaged by the stress of this matter. He has had heart surgery and been measured as having 13% renal function. He went into hospital last November to receive surgery, in the expectation that he will start kidney dialysis soon. Yet the Northern Ireland PPS was determined that he should be in court, which is where he was today, having been committed for trial in a Crown Court in Belfast on a charge of grievous bodily harm with intent.

Many members of the Life Guards, and of the Household Cavalry as a whole, believe this to be a grave injustice and that scrutiny has been applied to the security forces in a way that has not been allowed for others. In particular, John Downey was charged in relation to the Hyde Park attack on the Household Cavalry’s Queen’s Life Guard in 1982, when four soldiers and seven horses were killed by a nail bomb. But John Downey’s trial collapsed after a ruling on a letter sent to him by police, assuring him that he would not be pursued as a result of the Government of the day’s secret amnesty for terrorists. One hundred and eighty-six other people wanted for terror-related offences in the Troubles received similar assurances, yet no British soldier has received any assurances, despite 90% of the deaths being attributed to terrorism.

One could well ask: why was Dennis in court today but the case against John Downey dropped? Is it really fair that soldiers should face trial for their alleged misdeeds more than 40 years ago, while the perpetrators of terrorist activities are ignored and their victims forgotten? I really feel that the whole system of addressing the past in Northern Ireland is not balanced, and is unjust. Dennis was sent to Northern Ireland by our Government. They cannot now wash their hands of their responsibility and pass on the consequences to the Northern Ireland Executive. That is a fundamental breach of the Armed Forces covenant.

It must be very difficult being the magistrate who hears cases such as this one, with so much riding on the decision. That magistrate is someone who lives in the local community and will have to be a very brave man or woman to find no case to answer. Does my noble friend agree that a great deal of time, money and anguish on all sides would be better spent if an independent QC or judge were to be retained in all similar cases in the future to review the evidence and confirm whether there is a case to answer?