UK Attorney General to decide if Troubles prosecutions go ahead under new law

The UK’s Attorney General will have a new role in deciding whether serious Troubles-related prosecutions should go ahead, according to proposed laws on how to deal with the legacy of the conflict.

In an announcement on Monday, the Northern Ireland Office said the UK Government’s top law officer, currently Labour minister Ellie Reeves, would have the final say over whether prosecutions over cases involving death or serious injury will take place.

This will bypass the devolution settlement. It means Stormont’s own Attorney General, Dame Brenda King, will have no role in any decision. Northern Ireland has appointed its own attorney general since 2010.

Cases will still be assessed by Northern Ireland’s Public Prosecution Service (PPS). Prosecutors will consider whether available evidence meets the threshold for them to go ahead.

If so, the case will then be referred to the UK’s Attorney General for a final decision.

The UK Government said there was “precedent” for the approach including on national security matters.

The changes will come among a series of amendments to the Northern Ireland Troubles Bill, which has been debated in the House of Commons since last year.

Northern Ireland Secretary Sir Chris Bryant said the Government had engaged extensively with veterans’ groups and it would provide “robust” protections for veterans. Concerns have previously been raised veterans face being “dragged” through the courts.

The Northern Ireland Office said it would reduce the chances of “rinse and repeat” duplicate investigations.

In the announcement, the Government said: “Under the updated Bill, the Attorney General must provide consent for any serious Troubles-related prosecution.

“For the few veterans who may give evidence, the legislation guarantees they will be treated with fairness, dignity and respect.

“This is on top of existing protections already baked into the Troubles Bill that will limit elderly veterans’ exposure to legacy processes, and ensure that, in circumstances where they are asked to provide information, they are treated with the care and respect they deserve.”

Sir Chris said: “This Bill is about completing the unfinished business of the Good Friday Agreement, getting answers for the many families, including veterans’ families, who lost a loved one.

“I am confident that this legislation will be a significant step towards a more reconciled society.

“We want to get the Bill right. So today we have introduced a significant package of amendments, establishing robust, permanent safeguards that ensure former armed forces personnel and police officers are treated with the fairness, dignity and respect they deserve.

“These amendments have been developed through extensive engagement with veterans’ groups, whilst ensuring that this Bill will also enable victims and bereaved families, including the families of soldiers, who have waited long years for answers, to seek information and, potentially, closure on what happened to their loved ones.”

The amendments come after a lengthy back and forth over the Bill at Westminster. On Tuesday, MPs will debate whether to “carry over” the Bill, which was first introduced to Parliament in October 2025.

It will overhaul the previous Conservative government’s Legacy Act, which aimed to draw a line under the conflict and legal cases which have followed.

Former defence minister Al Carns criticised the Bill when he resigned in June (James Manning/PA)

PA Wire

The Act established an investigative body aimed at uncovering information and giving closure to the families of those killed in the Troubles. However it was widely panned by different communities in Northern Ireland for offering conditional immunity from prosecution to those who shared information about crimes they were involved in.

More than 300,000 members of the armed forces served in Northern Ireland over 30 years. Thousands of members of the public were killed during the Troubles, largely from paramilitary violence. Nearly 1,800 members of the security services were killed.

The Northern Ireland Office said amendments would be put forward to give reassurances to veterans, amid concerns they could be put through the courts over historical operations.

Former defence minister and army veteran Al Carns criticised the Bill when he resigned in June. He said it could lead to “70 to 80-year-old veterans being dragged to court”.

Other changes are that “compelling new evidence” would be required before any witness is pursued. The Legacy Commission will also have to seek the advice of prosecutors during an investigation to ensure cases are not referred when a successful prosecution is unlikely.

Meanwhile, the Bill will spell out that officials should not draw any equivalence between actions of paramilitaries, including the Irish Republican Army (IRA) and the Ulster Defence Force (UDA), and the lawful actions of the British Army.

They should also take into account the “unique operational environment” armed forces were operating within, to bear in mind “split-second decisions under fire”.