Retired British army soldiers “do not want an amnesty” for Troubles-related crimes but “begrudgingly” accept new legislation that will result in immunity from prosecution, a Westminster committee has heard.
Danny Kinahan, Northern Ireland’s first veterans’ commissioner, told MPs that 90 per cent of ex-military he spoke to want a law that “tidies up a system that doesn’t work” and helps bring closure to families.
Fiercely opposed by victims’ campaigners — Amnesty International described it as a “de facto amnesty” —
the Northern Ireland Troubles (Legacy and Reconciliation) Bill proposes the creation of a new truth recovery body, offering immunity to perpetrators who co-operate with its inquiries.
It will also close down future inquests and investigations.
Introduced in Westminster last month, the Bill sparked outrage among the North’s politicians and the Irish Government.
Mr Kinahan, a former MLA who served in the British army during the 1970s and 1980s, said he hoped the legislation would provide “a fair and level playing field”.
But he insisted that many British soldiers still want the “door to justice” to remain open.
“They are concerned about going to court but feel everyone should go to court if needed. They need to follow the rule of law,” he told the Northern Ireland Affairs Committee.
Asked about the views of veterans who served in the North during the Troubles, he added: “They begrudgingly accept all of this because they see it as a better chance to help families, to close it all down ... and they certainly want no moral equivalence. There’s a huge discomfort there.”
Committee chairman Simon Hoare also asked Mr Kinahan if he had any “squeamishness” about the use of the word “amnesty”?
“Yes, plenty,” he replied.
“Veterans do not want an amnesty. I think it is slightly misplayed as a term. I don’t think the Bill is an amnesty — we’re all innocent until proven guilty. And an amnesty is when you’re found guilty and let off.”
Singling out the high-profile trial of ex-British army soldier Dennis Hutchings (80), who denied murdering an innocent and vulnerable man, John Pat Cunningham, in Co Tyrone in 1974, Mr Kinahan added: “Veterans want to go to court, they want to have their day in court. Denis Hutchings was a perfect example; he wanted to fight and show he did nothing wrong.”
Chris Albiston, from the Northern Ireland Retired Police Officers Association, gave evidence and was critical of the criminal justice system, claiming it was “increasingly less able to deliver satisfactory outcomes” regarding legacy issues. He told the committee the difficulties facing the system were “aggravated by the increasing age and the loss of memory of potential witnesses”, and the lack of access to relevant materials.
Challenged on his repeated references to age and vulnerability, Mr Hoare said: “If the test of giving evidence in a prosecution or any form of inquiry is that you are young, comfortable and experienced, can I just put it to you very gently that on that premise, the criminal justice system would have ground to a halt quite a long time ago?”
Mr Albiston replied: “What I’m saying is that there have been, over the last 20 years, numerous and totally unwarranted investigations amounting to harassment of retired police officers, which is totally unacceptable. This is the sort of thing which we are hoping that the Bill will knock on the head.”
