Sir Keir Starmer’s own veterans commissioner for Northern Ireland has launched a fierce attack on Labour’s plans to repeal the Legacy Act, warning that scrapping protections for British soldiers who served during the Troubles would create an immoral and two-tier system of justice.
David Johnstone, appointed by Northern Ireland Secretary Hilary Benn in January, said that removing the current legal shield for veterans could drag dozens of elderly former soldiers into court for actions taken decades ago while fighting the IRA. He estimated that 50 to 70 former servicemen could be prosecuted, despite doing their jobs under government orders.
The Legacy Act, passed in 2023, halted new inquests and civil proceedings related to Troubles-era incidents, replacing them with the Independent Commission for Reconciliation and Information Recovery. Labour pledged in its election manifesto to repeal the Act, citing opposition from Irish political parties, victims’ groups, and concerns about compliance with the European Convention on Human Rights (ECHR).
But Johnstone, a former Army reservist who served in Iraq, says the repeal would pave the way for vexatious lawfare and create a legal imbalance. “This is lopsided, it’s two-tier justice,” he said. “Veterans are not going to stand for it.”
He warned that reversing the Act would allow up to 33 inquests to reopen, about half of which involve state forces. “You could be looking at 70 soldiers with files sent to the prosecution service,” he said.
Johnstone said the plans betray the compromises made during the peace process, including the release of paramilitary prisoners and destruction of weapons that could have been used as evidence. “Society accepted terrorists walking free in the name of peace, yet now, decades later, we’re threatening to prosecute soldiers who followed orders.”
The commissioner warned the move could damage military recruitment, saying: “Why would a young person join the forces if they could be prosecuted 50 years later for decisions made in combat?”
Johnstone pointed to the case of Dennis Hutchings, an 80-year-old veteran who died while on trial for a 1974 shooting, as emblematic of the emotional and physical toll on ageing veterans. “We’re lauding one generation for answering the call of duty and dragging another through the courts. Surely, as a society, we’re better than this.”
He also raised concerns about a potential inquest into the 1987 SAS operation in Loughgall, in which eight IRA members and a civilian died during an attack on a police station. Johnstone noted the absence of inquests into IRA attacks and suggested the repeal would unfairly target state forces.
Veterans’ concerns intensified after a coroner ruled this year that SAS soldiers were not justified in a 1992 shooting of IRA gunmen in Clonoe, citing violations of Article 2 of the ECHR. Labour says it is reviewing that judgement.
Despite holding two meetings with Hilary Benn, Johnstone fears the government is pushing ahead with repeal out of political obligation rather than practical necessity.
“The default seems to be, ‘It was in the manifesto, so we must do it,’ even if the reality on the ground says otherwise,” he said.
Labour has defended its position. Mr Benn said the Legacy Act was rejected in Northern Ireland and deemed unlawful by courts for offering potential immunity to terrorists. “It is simply wrong to suggest the Act helped veterans; it made undeliverable promises,” he said. “We are committed to working with veterans and all parties to ensure far better protections under future legislation.”
Still, the planned repeal has sparked a strong reaction across the Armed Forces community. A petition demanding protections for veterans has garnered over 145,000 signatures, triggering a parliamentary debate scheduled for next month.
Johnstone concluded: “The pressure is on. If the government reverses course, it must be prepared for a major backlash from the veteran community. They feel betrayed and rightly so.”
