Witness safeguards for legacy bodies ‘oversold’ as veteran protections

The Government has made a “big mistake” in claiming new safeguards for witnesses in legacy mechanisms in Northern Ireland are “protections” for veterans, MPs have been told.

Northern Ireland Veterans’ Commissioner David Johnstone said the measures outlined by the Government at the same time as it published a new framework for dealing with Troubles cases in the region had been oversold.

Mr Johnstone, who was giving evidence to the Northern Ireland Affairs Committee, said it was also clear they would apply to any witness cooperating with legacy bodies and were not just on offer to veterans.

The six measures announced by Minister for Veterans Al Carns in September include allowing witnesses to give evidence remotely without travelling to Northern Ireland. The Government described them as “new protections, rights and safeguards for Northern Ireland veterans”.

Mr Johnstone gave a guarded welcome to what the Government had proposed but said the steps did not go far enough.

“Can I welcome the fact that the Government, I think, has been listening to an extent, and I want to make that very, very clear,” he said.

“They have put into legislation, some mechanisms, some safeguards, if you will, that will absolutely benefit some veterans who find themselves in the legal process.

“So I think it’s important to at least acknowledge the fact that there are things that are now in legislation that weren’t there before, and therefore there is some degree of welcoming that.

“I think the big mistake the Government have made is referring to them as protections.

“You know, the reality is, people think that these protections are about preventing military personnel being brought to justice, and there’s nothing about that.

“It’s about some safeguarding and some pastoral care in some cases on the way to being potentially prosecuted. So it’s not about protections.

“And one thing that’s very clear, and veterans are very aware of this, these are not veterans’ protections.

“These are not veterans’ protections in any way, shape or form. What they are are witness protections that veterans can avail of, I think that is important to say.

“And, I personally think, unfortunately, the Government, in an attempt to balance much that was seen as negative for veterans in the legacy legislation, they’ve tried to oversell the protections as somehow specifically for veterans.”

The commissioner also stressed that the measures applied to coroners’ courts and the new look Legacy Commission in Northern Ireland.

He said they would not apply to veterans going through the criminal justice system, such as Soldier F who was recently acquitted of two murders and five attempted murders on Bloody Sunday in Londonderry in 1972.

“We welcome them as far as they go, they will help some soldiers,” he said.

“Of course, what they won’t do, and I think again, the committee needs to be clear on this, these are for the Legacy Commission and coroners’ inquests – these do not apply to a soldier who’s caught up in criminal proceedings.

“So these would have made no difference to, for instance, Soldier F or to Soldier B that’s coming down the line (in a separate legacy prosecution). None at all. They’re still going to be subjected to the process.”