Government threatened with legal action by SAS association over Troubles reforms

The Government has been threatened with legal action over its reforms to legacy legislation on the Northern Ireland troubles by the body that represents the SAS and its veterans, MPs have been told, amid concerns that it could lead to prosecutions for former soldiers.

The SAS Regimental Association has reportedly written to Northern Ireland Secretary Hilary Benn in an “unprecedented” move, according to former Brexit secretary Sir David Davis.

He told Prime Minister’s Questions that the Government’s overhaul of the law affecting veterans who served in Northern Ireland was affecting recruitment, retention and morale of those still serving in the regiment.

Sir David went on to ask Sir Keir Starmer to personally intervene, after he said it was a matter of “national honour”.

The Government’s proposals, which received their second reading in the House of Commons on Tuesday evening, will set up a commission to investigate Troubles-related killings, and establish a separate information recovery.

However, the Conservative Party and others have raised concerns it could lead to legal cases against veterans.

Labour repealed part of the previous Legacy Act, which contained an immunity scheme after it came into office last year because it was found unlawful by the courts.

Sir Keir told MPs that the commission would only go over old cases if there were “compelling reasons”.

Sir David said: “The Prime Minister knows that last week, nine four-star generals made plain that yesterday’s Northern Ireland Bill is doing harm to the British Army already.

“Most acute damage is being felt by the Special Air Service. It is already affecting their recruitment, their retention, their morale and their operational effectiveness.

“As a result, lawyers for the SAS Regimental Association have sent a letter before action to the Secretary of State for Northern Ireland.

“I know of no precedent for this in the entire history of the British Army, and… it reflects how important it is.”

He continued: “Can I make a plea to the Prime Minister? Will he involve himself personally to make sure that 60, 70, 80-year-old soldiers, who have carried out actions which most of us would view as heroic, are not persecuted in the coming years, because now it’s a matter not of national security, but of national honour.”

On its website, the SAS Regimental Association describes itself as “the only official organisation that represents the Special Air Service Regiment and its affiliated units”. It is a registered charity, and runs a benevolent fund.

All UK police investigations into Troubles-related killings were shut down in May last year under the previous Conservative government’s Legacy Act, and a new Independent Commission for Reconciliation and Information Recovery (ICRIR) was established.

Labour’s Bill, agreed as part of a framework with the Irish Government, will put in place a reformed Legacy Commission with enhanced powers.

Replying to the Conservative backbencher, Sir Keir replied: “Can I thank him for his question and reassure him on the protections that he seeks for veterans? Because it is a very important issue, and he’s continually and rightly raised it.

“There will be protection from repeat investigations so the commission doesn’t go over old ground without compelling reasons.

“There will be a protection from cold calling, and protection in old age, so that elderly veterans are respected. Those who do contribute to the legacy process will have a right to anonymity, a right to stay at home to give evidence remotely, and a right to be heard through the commission.

“That is the work that we’re dong and I’m happy to discuss it further with him.”

The SAS Regimental Association, the Ministry of Defence and the Northern Ireland Office have been contacted for comment.