Fact Check: "The Legacy Act gives immunity to British soldiers for acts committed during the Troubles."
What We Know
The Northern Ireland Troubles (Legacy and Reconciliation) Act, commonly referred to as the Legacy Act, was passed by the Conservative government in September 2023. This legislation aimed to address historical injustices from the Troubles in Northern Ireland, including halting investigations into many incidents and establishing a new body to handle legacy cases. It included provisions that sought to offer conditional immunity to individuals involved in Troubles-related incidents, contingent on their cooperation with the new information recovery body (ICRIR) (source-1, source-2).
However, this conditional immunity was later ruled unlawful by the courts, which deemed it incompatible with human rights legislation (source-1). As a result, while the act initially aimed to provide some level of protection to British soldiers, the legal framework surrounding it has been challenged and is currently under review by the Labour government, which is in the process of repealing the act (source-2).
Analysis
The claim that the Legacy Act gives immunity to British soldiers is partially true. The act did propose a conditional amnesty for individuals involved in Troubles-related crimes, which included British soldiers. However, this provision was effectively nullified by a court ruling, which stated that the immunity clause was unlawful (source-1, source-4).
Critics of the Legacy Act, including Labour politicians and human rights groups, argue that it made "false promises" to veterans regarding immunity and obstructed justice for victims' families (source-1, source-2). The act halted investigations into over 200 killings of British soldiers, which has raised concerns about accountability and justice (source-2).
On the other hand, proponents of the act argue that it was necessary to prevent what they termed "vexatious prosecutions" against veterans, suggesting that the legal landscape for veterans was fraught with challenges and potential injustices (source-2, source-5).
The debate surrounding the Legacy Act highlights the complexities of addressing historical grievances while ensuring justice for victims and accountability for those involved in the conflict.
Conclusion
The statement that "The Legacy Act gives immunity to British soldiers for acts committed during the Troubles" is partially true. While the act initially included provisions for conditional immunity, these were subsequently ruled unlawful, and the act itself is in the process of being repealed. Thus, while there were intentions to provide some level of protection to soldiers, the legal realities have rendered those protections ineffective.
Sources
- Tories made 'false promises' to veterans, Benn says
- Legacy Act halted investigations into 202 Troubles-related killings of British soldiers
- UK's Labour government facing backbench revolt over plan to repeal Troubles Legacy Act
- No 10 says work on repealing Legacy Act ‘in lockstep’ but ...
- Petition on repealing and replacing the Northern Ireland Legacy Act
- Veterans who served in Northern Ireland must be both bound by and protected by the law
- MPs clash over NI legacy laws as military veterans stage protest
- Benn says 'no choice' but to repeal NI legacy act as veterans stage protest