The Government should halt any legislation that could lead to prosecutions of British armed forces veterans for their service in Northern Ireland during the Troubles, a former Tory cabinet member has said.
Sir David Davis said the attempts to put veterans through the legal system for their actions while serving in Northern Ireland was a “rewriting of history”.
He said it could jeopardise the Ministry of Defence’s plans to increase recruitment and retention of personnel.
The former Brexit secretary said the Government’s repealing of the Legacy Act could lead to people being tried for events that happened decades ago.
During a debate in the Commons on Armed Forces Day, Sir David said: “There’s a shadow that hangs over our armed forces, a political and legal vendetta targeting the veterans of Northern Ireland of Operation Banner.
“These men answered their country’s call at one of our country’s darkest hours.
“Without hesitation they stood between the innocent and the terrorists, often literally, often in the way of the bullet, and now, decades later, they’re treated not as heroes but as suspects.
“The frankly inadequately informed inquest over the SAS IRA conflict at Clonoe was just once incident in which elderly veterans are being persecuted, and there will be many more.”
He added: “This campaign of persecution sends a chilling message to the next generation. Serve your country, risk your life and face prosecution in your old age.
“Why would any young man or woman sign up for that? The truth is, many will not.”
The Government has started the process of repealing the Legacy Act, introduced by the previous Conservative government in 2023, after it was subject to legal action by Troubles’ victims families.
Part of the Act’s measures include shutting down all historical inquests, which examine incidents from the Troubles where suspected IRA members were killed.
An inquest this year in Northern Ireland found soldiers’ use of force in Clonoe in February 1992, where four IRA terrorists were shot dead, was excessive and no attempts were made to arrest them.
The men were killed minutes after they carried out a machine gun attack on a Royal Ulster Constabulary station.
Veterans and military charities are concerned that the repeal of the law could allow soldiers to be charged decades after military operations.
Sir David was joined in his calls by shadow defence minister Mark Francois, who said it would “reopen the endless cycle of investigation and re-investigation”.
Sir David told the debate that 722 British soldiers were killed during the Troubles.
As part of the Good Friday Agreement, about 400 prisoners were released while serving sentences in connection with the activities of paramilitary groups.
“I don’t blame the state for that, it was necessary at the time,” he said. “But today we witness a legal crusade against the men who risked everything in the service of peace. This is not justice.
“It’s an attempt to rewrite history. It’s prosecution driven by politics, not facts. While the killers walk free, authorities hound soldiers who stop them from killing and treat those soldiers like criminals.”
Mr Francois said the Labour Government would find it difficult to justify its policy.
He said: “Many of those surviving veterans are now in their 70s or even their 80s, and I suspect that many Labour MPs opposite would find it extremely difficult to explain to those veterans and their loved ones why they are taking this action, just because their Government is literally obsessed with the Human Rights Act 1998.”
Sir David agreed, telling the Commons: “Our veterans, now in their 70s or even later, deserve peace in their retirement, not a knock on the door and questions about battles that they fought to defend the public half a lifetime ago.”
He warned that it could inadvertently lead to soldiers being more reluctant to engage the enemy, or using at-distance munitions.
He said: “I have no doubt that from time to time, mistakes are made, and these of course should be answered for.
“But if we allow our opponents to use lawfare to destroy these capabilities, we are left with blunt instruments. The bomb, the missile, the drone.
“So instead of capturing or killing just the guilty, we kill every innocent civilian on a bus. Or every guest at a wedding party.
“Our military has been brilliant and doing the opposite. At being targeted, lawful and effective.”
