Troubles Bill heads to Lords as SAS veterans group warns of court challenge

The Troubles Bill has passed its Commons stages and is now heading to the House of Lords. The legislation is meant to deal with legacy prosecutions of military veterans, but it is facing strong opposition from veterans' representatives. The SAS Regimental Association has put the government on notice that it will take the government to court if the bill does not protect veterans in the way the association considers essential, necessary and right.

Former commanding officer of 22 SAS Lieutenant Colonel Richard Williams said it was unusual for former SAS commanders to speak in public, and that his appearance was a measure of how important the bill is. He said the concern is not confined to the SAS. It runs across the whole of defence and affects all those who served in Northern Ireland. He argued that veterans fear being persecuted by process, and that the bill as it stands may continue that risk. He also pointed to legal opinions, including one previously aired, that cases could come back again and again.

Williams said uncertainty over legal exposure affects recruitment and retention. Current serving SAS members, he said, do not draw a distinction between how they are treated after operations in Afghanistan, Syria and Iraq and how they are treated over Northern Ireland. They see the bill as a new and serious burden. He warned that if personnel are worried about court action after government-directed operations, it narrows what the government can ask special forces to do.

He also raised the impact on the transatlantic relationship. He said US counterparts may be looking at Britain and scratching their heads. British special forces provide defence parity with the US, with each side producing eight tier one special forces squadrons. He said there are worries about whether UK utility will remain as it was, and whether operating with Britain is now more risky than before.

A former defence secretary on the programme said the government cannot rethink the bill at this stage because it has gone through the Commons, but it must go to the House of Lords. He shared many of the reservations expressed. He said the previous Conservative government's legislation failed in the courts, so something had to be done. He described special forces as mature, calm, intelligent and capable family men who put their lives on the line for Britain. On the face of things, he said, this is not a good bill. He noted that the government could support amendments in the Lords, and suggested lobbying peers for changes.

The next stage is the House of Lords, where the bill can be amended. The SAS association's warning means the legislation could face a further legal test even after it clears Parliament.