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Safeguards for veterans could hinder Troubles legacy deal

Tánaiste Simon Harris said new agreement marks a significant improvement in the relationship between Dublin and London
Tánaiste Simon Harris said new agreement marks a significant improvement in the relationship between Dublin and London

The Irish and British governments made it clear that they believe this joint framework is effectively the last chance saloon to find a way to resolve the hugely contentious question of how best to deal with the legacy of Northern Ireland's Troubles.

The ten-page document has been a year in the making and marks a significant improvement in the relationship between Dublin and London, a relationship soured by the UK's unilateral action on the issue.

"It's been a hell of a long time since the Irish and British governments stood shoulder to shoulder on legacy," Tánaiste Simon Harris said.

That was a reference to the 2014 Stormont House agreement brokered by both governments, but set aside by former British prime minister Boris Johnstone who introduced a UK Legacy Act in 2023.

This framework agreement sets out the parameters for new legislation to replace that act, which was opposed by all of the main political parties and victims groups in Northern Ireland, as well as the Irish Government.

But something not contained in the document could be a major factor in whether that new legislation achieves the widespread support the two governments hope it will.

A copy of the newly published joint framework report addressing the legacy of the Northern Ireland Troubles on display

Shortly before the joint press conference at Hillsborough Castle to unveil the document, a three-page press release was distributed to journalists in the room.

It contained details of special protections for former British military veterans who served in Northern Ireland during the Troubles.

The measures include "protection from old age", with the document stating that the newly establish Legacy Commission will have a statutory duty "to take into account the health and wellbeing of potential witnesses at all times."

There is no stated upper age limit.

There is also "protection from repeated investigations", with a stipulation that "veterans will not be required to provide unnecessary testimony on historical context that has already been established".

Veterans will also have a right to seek anonymity when giving information and a "right to stay at home" meaning they can't be forced to travel to Northern Ireland to give evidence to the Commission or to an inquest.

The measures will be introduced by the British Ministry of Defence.

UK government sources said the Irish Government was aware that the safeguards were being proposed and will be included in the new British legislation that is currently being drafted.

The detail of those legal safeguards will have a huge bearing on how nationalist political parties and victims' organisations in Northern Ireland judge that legislation.