UK (Parliament Politics Magazine) – UK Prime Minister Sir Keir Starmer’s plan to end Troubles veterans’ immunity faces Supreme Court challenge, with Tory backing amid legal, human rights dispute.
As reported by The Telegraph, Labour’s plan to scrap Troubles veterans’ immunity will face a Supreme Court challenge next month.
Northern Ireland Secretary Hilary Benn confirmed plans to end the Conservatives’ 2023 Legacy Act, which granted immunity to Troubles veterans.
How will judges decide on Troubles veterans’ immunity?
The government has maintained that the clauses breach the European Convention on Human Rights and must be repealed.
The Northern Ireland Veterans Movement’s legal team said they will contest the government’s claim that the immunity clause breaches international law in the UK’s top court.
The challenge forms part of the government’s ongoing legal disputes over Northern Ireland, due before the Supreme Court next month.
The Northern Ireland veterans’ group will intervene in the case from October 14, supported by Conservative MPs.
Barrister Andrew Dinsmore will argue ECHR Articles 2 and 3 allow post-conflict immunities, meaning clauses do not violate human rights.
The court could skip ruling on veterans’ immunity, as the Government’s appeal does not include it. If the court sides with veterans’ claims, efforts to scrap immunity clauses could be hindered, sparking further legal disputes.
Officials argued immunity clauses should end, citing opposition from victims’ families and all Northern Ireland parties.
What did James Cartlidge say about Labour’s plan to scrap veterans’ immunity?
James Cartlidge, the shadow defense secretary, said,
“I’m delighted that the Government’s plans to roll back hard-won protections for our Northern Ireland veterans will now be challenged in the Supreme Court.”
He said,
“We should be doing everything we can to support our veterans – not punishing them.”
Mr Cartlidge added,
“The Conservatives will continue to stand firmly against Labour’s attempts to target those who risked their lives to protect us from terrorism.”
What did Stuart Anderson say about handling Northern Ireland veterans?
Conservative MP Stuart Anderson, who served in Northern Ireland, spoke out at the time of the announcement,
“This is not how you look after those you have served your country and put their lives on the line.”
What protections did Hilary Benn say veterans will get?
Hilary Benn said the Legacy Act gave IRA terrorists immunity and must be repealed.
Last week, he confirmed that veterans’ immunity will end, but the government will provide them with specific protections.
Veterans will be shielded from repeated investigations. Their age and health will be considered by coroners, and they will have the right to anonymity.
Mr Benn maintains that the Independent Commission for Reconciliation and Recovery operates within international legal standards.
High Court’s rule on the Legacy Act and ECHR compliance
The High Court in Belfast ruled in 2024 that the Legacy Act breached the ECHR.
It added,
“No evidence that the granting of immunity under the Act will in any way contribute to reconciliation in Northern Ireland.”
How is Labour handling the Legacy Act ruling on veterans’ immunity?
The past Tory government pledged to appeal the ruling at that time, with the case progressing through the courts.
When Labour came into government, officials opted not to contest the international law compliance of the immunity measures.
The Government will challenge claims that judges could override Legacy Act rules under the post-Brexit Windsor Framework.
Key facts about the ECHR
The European Convention on Human Rights (ECHR) protects human rights and freedoms across Europe.
It was signed in 1950 and came into force in 1953, with the UK as a founding member. The treaty covers 46 countries in the Council of Europe. Russia was expelled from the convention in 2022.