No British ministers who served during the Troubles and who gave orders to British soldiers and police will find themselves alongside veterans if they face new legacy investigations, two senior retired British Army commanders have said.
Sharply critical of the legacy legislation agreement between London and Dublin, the two retired officers said ministers would not “be present to answer for the choices they made”, yet veterans would have to do so.
The remarks are made in an opinion piece for The Irish Times by Gen Sir Peter Wall, chief of the general staff of the British Army from 2010 to 2014 and Gen Sir Nick Parker, commander-in-chief from 2010 to 2012, and general officer commanding in Northern Ireland from 2006 to 2007.
“This is the reality of legacy: those who served did their duty in circumstances not of their making, yet half a century on they are left exposed, without the shield of context or accountability that should rightfully belong to the state,” they said.
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“Experiences like these underline a wider truth: those on the front line were exposed to considerable risk, and acted in good faith, following instructions they trusted to be lawful and responsible.”
British soldiers and police who served in Northern Ireland during the Troubles were supposed to be “underpinned by an unwritten contract” – that the British state would stand up for those who were “prepared to risk their lives”.
“Yet today the British state is content to let individuals face legal scrutiny alone, while both the chain of command and the government that sent them to Northern Ireland step back from responsibility.
“That is not only unjust – it undermines the very bond of trust on which military service depends, and therefore it has direct implications for the British military for decades to come,” said the two retired officers.
The legacy framework agreed last November between Dublin and London will replace controversial legislation passed by the Conservatives that blocked Troubles inquests and civil actions.
The deal, said Wall and Parker, “may be well-intentioned, [but] it is flawed on three counts since, firstly, it abdicates UK sovereign responsibility by sharing the announcement with the Irish Government.
“Secondly, it raises unrealistic expectations that can never be satisfied – especially given the passage of years. Thirdly, it exposes British veterans once again by allowing inquests to resume.”
The protections offered to veterans such as the right to stay at home and not to travel to Northern Ireland for hearings, or the right to seek anonymity, or the right not to face “cold calling or unexpected letters” are inadequate, they have argued.
The retired senior officers voiced their anger about the legislation directly to British ministers and noted that the protections “are pretty meaningless in practice and are, in any event, largely routinely available to anyone”.
Legacy promises should offer pledges to families and victims that can be kept, not ones that will simply keep old sores permanently open. “[We] cannot allow the ambiguity that delivered peace to lead to paralysis now.”
The impact of the legislation on British veterans is not simply a matter for the past, since it will affect those who have served since elsewhere, and those who will be deployed by British governments in coming years, they warned.
“Only by acknowledging the past honestly, protecting those who acted in good faith, and upholding the British state’s side of the contract can we secure the trust on which military service and democratic government ultimately depend,” they said.
