Northern Ireland

Theresa May blocked legislation to protect former British soldiers from prosecution

British prime minister Theresa May leaves after a church service near her Maidenhead constituency Picture by Andrew Matthews/PA
British prime minister Theresa May leaves after a church service near her Maidenhead constituency Picture by Andrew Matthews/PA British prime minister Theresa May leaves after a church service near her Maidenhead constituency Picture by Andrew Matthews/PA

Theresa May personally blocked ministers putting forward legislation which could have protected former British soldiers from prosecution for alleged offences during the Troubles.

The prime minister issued instructions that a consultation document on dealing with the legacy of the conflict should not contain references to "amnesties" or a "statute of limitations", according to a leaked memorandum seen by The Sunday Telegraph.

It goes on to say that former British soldiers should be offered "equal, rather than preferential, treatment" relative to other groups covered by the consultation, which included paramilitaries.

Tory MP Johnny Mercer, who has campaigned to former soldiers from repeated investigations into historical allegations, described the memorandum as a "sucker punch", saying he found the comments "genuinely appalling".

"That troops, uniformed and sent by the crown to an unpopular, difficult and bloody war, should not have the government, at least starting, on their side is totally unacceptable," he said in an article for the Telegraph.

The memorandum, dated March 2018, was said to have been written by Mrs May's assistant private secretary.

It was sent to the Northern Ireland Office and Ministry of Defence as ministers and officials were drawing up a consultation document on "addressing the legacy of Northern Ireland's past".

It stated: "The prime minister has decided that the consultation document should not contain specific reference to a 'statute of limitations' or 'amnesties', in line with government policy.

"The Ministry of Defence should work closely with the Northern Ireland Office to ensure that their veterans package offers equal, rather than preferential, treatment relative to other groups or individuals affected by this consultation."

A number of former soldiers who were stationed in the north are facing charges, including Soldier F, who has been charged in relation to the killings of two men in Derry during Bloody Sunday in 1972.

The disclosure comes after new defence secretary Penny Mordaunt last week announced plans for legislation to provide stronger protection from repeated investigations into historical allegations for veterans of overseas conflicts in Iraq and Afghanistan.

Under the proposals there would be a "presumption against prosecution" in relation to alleged incidents dating back more than 10 years, unless there were "exceptional circumstances".

As it stands, the legislation will not apply to those who served in Northern Ireland, although in an apparent break with government policy, Ms Mordaunt said she intended to find a way they could be afforded the similar protection.

A government spokesman said: "The Ministry of Defence have proposed legislation to provide better support and stronger legal protections for serving and former personnel facing investigation over alleged historical offences overseas.

"This will ensure veterans are not subject to repeated investigations many years after the events in question where there is no new evidence.

"A separate consultation has been run by Northern Ireland Office on how to deal with the past in Northern Ireland, and the conclusion of that will be announced as soon as possible."

Defence minister Tobias Ellwood, who was stationed with the British army in Northern Ireland, told Sky News' Sophy Ridge on Sunday: "I'm very conscious, as we move through a reconciliation process, that we're able to get to the bottom of what's been perhaps not been the best process in looking at some of those outstanding issues that needed to be closed down, that were part of that Stormont process.

"Unfortunately it's not been done in the best way, the Northern Ireland secretary is aware of that. She has organised a consultation to see how it can be improved.

"But as Number 10 I think has responded to this story to say you can't give an amnesty just to armed forces personnel, you'd have to share that with terrorists as well.

"[Mrs May] was unwilling to do that. That's international law. That's what we have to abide by."