PARLIAMENTARY DEBATE
“Soldier F” Trial Verdict - 3 November 2025 (Commons/Commons Chamber)
Debate Detail
We all understand the continuing pain felt by families and communities in Northern Ireland and across the United Kingdom as a result of the troubles. The Government remain committed to establishing a legacy process that can provide answers for families who are still seeking to find out what happened to their loved ones. We will always remember the dangers faced by our brave soldiers, police, and others who served during the time of Operation Banner and who tried to keep people safe, and will always remember, especially at this time of year, those who made the ultimate sacrifice. Their service will never be forgotten, and we owe them a profound debt of gratitude.
It is, however, important to note that the case of Soldier F of course involved no role for either this Government or the last one. The independent proceedings were ongoing before the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, and they were not halted by that legislation. Decisions by the prosecution service in Northern Ireland are always taken independently, in the light of facts and circumstances, and we should all respect that independence. A prosecution can only ever be brought when the evidence presents, in the view of prosecutors, a reasonable prospect of a conviction, and when it is in the public interest to proceed.
I also recognise that all those affected by the troubles, including veterans, want a system that is fair, balanced and proportionate. That is what the Northern Ireland Troubles Bill is seeking to put in place, with a new legacy commission and strong protections for veterans that were not included in the last Government’s legacy Act. That act offered a false and undeliverable promise of immunity to our Northern Ireland veterans. These measures will provide what the three UK veterans commissioners have called for—not immunity from the law, but fairness under it.
“on behalf of our country—I am deeply sorry.”——[Official Report, 15 June 2010; Vol. 511, c. 740.]
He did so, of course, after the publication of the Saville inquiry, which took 12 years and cost in today’s money about £325 million. Even after such an extensive inquiry, there has been no conviction. Indeed, Judge Patrick Lynch told Belfast Crown court that the evidence fell well short of the standard required. He said:
“A 53-year-old statement cannot be cross-examined, nor can I assess the demeanour of a sheet of A4 paper”.
That goes to the heart of what my party argued when passing our legacy Act.
As time goes by, it becomes vanishingly difficult to obtain convictions. The 1998 agreement was 27 years ago, and the ceasefires were 31 years ago. That of course has implications for the Government’s troubles Bill, which will reopen many cases where there is no prospect of resolution, only a prospect of ongoing legal process. Under the Bill, there is almost no possibility of bringing terrorists to court, but it ultimately leaves open the likelihood of ever more vexatious complaints against our veterans. We are talking about claims like that thrown out by the High Court in Belfast last month; the judge described the challenge as “utterly divorced from reality”, although not before a former special forces soldier had to endure four years of investigation.
Last week, it was reported that a similar case, from 53 years ago, may soon go to trial. No wonder that on Friday, Special Air Service veterans published a letter in the Financial Times, in which they said that
“‘legacy’ has become an industry that keeps wounds open while rewriting history.”
We ask the Secretary of State to think again.
“the development of the safeguards that have been put in place to offer protection to those within the armed forces community who are affected by legacy issues.”
We drew those up having spoken to veterans. I hope that when people look at them and see how they work, they will recognise that we have acknowledged our particular responsibility to treat veterans fairly in the process. That is the right way to proceed.
“The evidence presented by the Crown falls well short of…the high standard of proof required in a criminal case”.
Nevertheless, in two weeks’ time, there will be another case involving another soldier from 53 years ago, which has already been reviewed for four years by the Director of Public Prosecutions and ruled as “no case to answer”. Despite that, with no evidence whatsoever having been provided since that time, that man is being put through misery and persecution now—a 78-year-old man sitting in anxiety in his home, waiting to be prosecuted for a case that should never have been brought. Does the Secretary of State not recognise that this is injustice? Wrap it up however he likes, it is injustice, and his legislation will mean that many more such cases will occur.
Does the Secretary of State further agree that around 90% of all deaths during the troubles were caused by terrorists, and that of the 10% that involved the security forces, the largest proportion occurred while engaging terrorists who were engaged in murderous and criminal activities? Sinn Féin’s historical revisionism, exemplified by the First Minister’s comments following the verdict, is therefore defamatory. To equate murderers with those who defended democracy is an attempt to smear our veterans, and it should not be allowed.
Having said that, in the vast majority of cases, no one is likely to be held to account through a judicial process, and that is why one of the focuses of the new commission will be on fact-finding and the new body for information retrieval, using all the means at our disposal to try to provide answers to those families. It will then be for them to decide how they come to terms with what happened. We owe it to them to leave no stone unturned and to put a better system in place.
This ruling was expected, as there was no additional evidence and it was twice held to be not fit for prosecution, as others have mentioned. It is hard to understand how they could pursue something without having the criminal investigation and the evidence sorted in advance. It is clear that the Secretary of State must address the way forward and provide certainty for those service personnel who know that they served honourably in impossible conditions, and yet who live with the sword of Damocles hanging over their heads, waiting to have their service used as a tool by republicans to make it seem like they were fighting a dirty war, when quite clearly they were not.
Will the Secretary of State send the message today that he will not sign off on the narrative that our troops—the Royal Ulster Constabulary and the Ulster Defence Regiment—were ever anything other than honourable men and women putting their lives on the line for us, and that they will be protected as honourably as they protected us? How does the Secretary of State intend to protect them better than we are doing right now?
On the hon. Member’s first point, it is right and proper that the Ministry of Defence provides support to any veteran who is facing a criminal justice process. I think we would expect nothing less.
“Following careful consideration of a huge amount of material I have come to the decision that new inquests into the Loughgall deaths are justified.”
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