Attorney General approval added to serious Troubles prosecutions under new Bill amendments
The UK Government’s proposed Troubles Bill amendments would require Attorney General consent for serious Troubles-related prosecutions and introduce further safeguards for former Armed Forces personnel and police officers.
The Northern Ireland Office said the amendments were intended to provide permanent legal safeguards for former Armed Forces personnel and police officers while allowing bereaved families to continue seeking answers.
New evidence test
Under the revised proposals, the body responsible for legacy investigations would have to consider whether compelling new evidence exists, or whether a witness is likely to provide new information, before requiring that person’s participation.
The Government said the measure was designed to reduce repeated investigations without preventing cases from progressing where significant evidence emerges.
Attorney General’s role
Any serious Troubles-related prosecution would require the Attorney General’s consent.
The Government said the Attorney General would exercise that function independently and quasi-judicially, applying the established tests of evidential sufficiency and public interest.
Treatment of former service personnel
Another amendment would state that lawful conduct by members of the Armed Forces should not be regarded as equivalent to terrorist activity.
Existing measures in the Bill include remote evidence options, anonymity provisions and assessments of whether elderly witnesses are fit to participate.
Further scrutiny expected
The Bill is intended to replace the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, including its conditional immunity arrangements.
The amendments will now be examined during the Bill’s remaining parliamentary stages. Responses are expected from victims’ organisations, veterans’ representatives and Northern Ireland’s political parties.
External: Northern Ireland Office announcement on the Troubles Bill amendments