Northern Ireland Veterans: Prosecution

Paul Foster Excerpts

Monday 14th July 2025 Westminster Hall

[Mr Paul Foster (South Ribble) (Lab)]

Thank you, Mr Mundell, for allowing me to contribute to today’s petition debate; it is a pleasure to serve under your chairmanship. I will not take any interventions, and I will be as short as I can to allow as many Members as possible to speak.

I start by reminding everyone once again that I am a proud retired Royal Engineer. Although I did not serve in Op Banner, many colleagues and friends did. The Op Banner veterans did their duty in exceptionally challenging circumstances, and I commend them all—each and every one of them. I would also point out to colleagues that, despite not serving in Op Banner, I was in Quebec barracks in Osnabrück in Germany when it was attacked by the IRA in June 1996. I get it, I really do.

What is of the utmost importance is that we deal in facts, and facts alone. Fact one: the previous Conservative Government pushed through the legacy Act in 2023. The Act created one route for dealing with the past, through the creation of the Independent Commission for Reconciliation and Information Recovery. It received almost unanimous condemnation from victims groups and the political parties in Northern Ireland, for differing reasons, as has been said.

Fact two: the previous Conservative Government publicly stated at the time, despite numerous challenges, that the Act would be fully compliant with the European convention on human rights, the Windsor framework and the Good Friday agreement, and they knew that that most certainly was not the case. In February ’24, the Northern Ireland High Court found that the Act was in fact incompatible with the European convention on human rights, specifically articles 2, 3 and 6, and it was therefore deemed unlawful. It also found that it was incompatible with article 2 of the Windsor framework, and that it should therefore be disapplied. If the previous Government knew that this was the case, they should never have proceeded in pushing the legacy Act through Parliament. It was a deliberate and wholly irresponsible course of action.

[Stuart Anderson]

Will the hon. Member give way?

[Mr Foster]

No, I am making progress.

Fact three: in January 2024, the Irish Government launched an inter-state application against the United Kingdom before the European Court of Human Rights, on the basis of the legacy Act violating articles 2, 3, 6, 13 and 14 of the convention. This case against the United Kingdom Government is still live.

These are indisputable facts. If an Act of Parliament is found to be unlawful, the Government must act. However, the repealing of the legacy Act is not a simple exercise—we all understand that—and any changes introduced must offer the protections that our veterans, victims and impacted families all deserve. My deep concern is that, with any new legislation, we must ensure a wholly comprehensive approach to dealing with the past in Northern Ireland that recognises the unique position our Op Banner veterans find themselves in. They deserve our continued and unwavering support.

I am also profoundly concerned at the continued politicisation of our veterans, and at the misinformation being continually spouted by Conservative Members of Parliament, who should know better. This is an issue that Members of all political persuasions should be working on together, not using to seek political gain with inaccurate and misleading statements.

The unlawful legacy Act made false and undeliverable promises to our veterans about immunity, and—I say again—it has been repeatedly ruled unlawful. It generated false expectations, legal uncertainty, and delays for victims, survivors and veterans alike. It was opposed by many, including armed forces families who lost relatives serving in Northern Ireland. It gives immunity to terrorists who murdered British soldiers. The Secretary of State for Northern Ireland, the Defence Secretary and the Minister for Veterans are working tirelessly to put in place protections for our veterans, and to ensure that legacy mechanisms are fair, lawful and proportionate.

The Minister for Veterans has met hundreds of veterans and veteran organisations since taking office, including the Royal British Legion and representatives from all major military associations with Northern Ireland service experience, listening to their concerns and incorporating their feedback into the new approach. These are not new arguments, and we have had alternative solutions before, which have just not worked.

This is a hugely complex and emotive issue. All Members of Parliament should be working as one to bring about a lawful solution, supporting Ministers and veterans alike, not spreading a fake narrative. Our veterans will continue to receive the full support of this Government, and any new legislation must be carefully considered. I give my word that it will be.

[Several hon. Members rose—]