The Attorney General must provide consent for any serious prosecutions related to the Troubles in Northern Ireland, under changes to the government’s planned legislation.
It is among a series of amendments the government has tabled for its bill, which seeks to deal with the unresolved legacy of the decades-long violent conflict.
The bill was first introduced to Parliament last year following agreement on a joint framework with the Irish government.
Northern Ireland secretary Sir Chris Bryant said the amendments give “robust, permanent safeguards” to ensure former soldiers and police officers are treated with “fairness, dignity and respect”.
The Labour government has faced criticism over delays in passing the bill as well as questions over some of its contents.
It seeks to replace the previous Conservative government’s contentious 2023 Legacy Act, which introduced a ban on inquests and civil actions related to Troubles-era incidents.
The act’s most controversial element – offering immunity from prosecution to suspects who cooperated with an information recovery body – was disapplied after being found by the courts to be unlawful.
Labour’s bill involves a Legacy Commission to investigate Troubles-related killings, a separate information recovery body, and a dedicated legacy unit within An Garda Síochána (Irish police).
The government said its amendments “significantly reduce” the prospect of military veterans facing “rinse and repeat” investigations.
While some MPs have previously argued that planned protections for veterans do not go far enough, Stormont’s First Minister Michelle O’Neill has accused the government of giving former soldiers “preferential treatment”.
The government said the amendments include:
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The legislation will make clear the Commission and coroners “must not regard the lawful conduct of members of the Armed Forces as equivalent to the actions of paramilitaries responsible for acts of terrorism”
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The Attorney General will be required to consent to all “serious” Troubles-related prosecutions
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Measures to prevent “cold-calling” of veterans and extending provisions for remote attendance as part of the Commission’s work
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Before any witness can be approached, the Commission should consider if “compelling new evidence exists, or the likelihood of a witness being able to provide new information”
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The Commission must consider the “context and command orders” in which military veterans were operating
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Former paramilitaries barred from being appointed to the Victims and Survivors Advisory Group, and a requirement for at least one veteran or veterans’ representative to be on the panel
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A statutory review of the measures for veterans to ensure they “deliver as intended”
