Sir Keir Starmer has said he is “absolutely confident” the Northern Ireland Troubles Bill will not lead to vexatious prosecutions of former soldiers amid a threat of legal action from veterans over the planned reforms.
A commission to investigate Troubles-related killings and a separate information recovery body are due to be set up under the Government’s proposals, which had their second reading in the House of Commons this week.
But the plans could face legal action from the SAS Regimental Association, which claims the Bill lacks protections for former armed service personnel, police officers and security service members who served in operations associated with the Troubles.
The Prime Minister told reporters travelling with him to the G20 summit in South Africa that the legislation strikes the right balance.
He said: “I’m absolutely confident that there will be no vexatious prosecutions, and that is because the legislation carefully sets out the balance that must be struck, and particular protections for veterans who served, in terms of the approach, the process and the protections we have put in place for them.
“So I am absolutely clear that we have got the right balance in the legislation, and there will not be vexatious prosecutions.”
Sir Keir’s administration aims to replace aspects of the Conservative government’s Legacy Act, which shut down all UK police investigations into Troubles-related killings in May last year.
It also included a contentious conditional offer of immunity for the perpetrators of Troubles crimes in exchange for co-operation with a truth recovery body.
Labour’s Bill was agreed as part of a framework with the Irish Government and will put in place a reformed Legacy Commission with enhanced powers.
But the SAS Regimental Association, which represents the SAS and its veterans, argued in a letter threatening legal action that it could lead to prosecutions for former soldiers.
The veterans said the Bill as it stands now contains barely any protections for them beyond those that already exist for criminal investigations and inquests.
They said the lack of safeguards could breach veterans’ protections under Article 6 (right to a fair trial), and Article 8 (right to private and family life) of the European Convention on Human Rights.
