The Defence Secretary has objected to a new law to protect troops and terrorists from prosecution in Northen Ireland because he believes it treats military veterans unfairly.

Ben Wallace has expressed serious reservations over proposals put forward by his Cabinet colleague Brandon Lewis, the Northern Ireland Secretary, for a new Legacy Bill that has been held up by wrangling behind the scenes.

Mr Lewis had hoped to push through his Legacy Bill this autumn but its progress has been stalled by objections from the Ministry of Defence (MoD) and failed negotiations with the Irish Government.

Last week, a former Conservative defence minister called on Mr Lewis to resign over the delay in introducing the legislation, accusing him of “letting down his people and his party”.

The Legacy Bill would impose a statute of limitations, ending all criminal prosecutions for offences committed during the Troubles up until the signing of the Good Friday Agreement in 1998.

In place of criminal investigations, the Government would set up a new independent body – based on the truth and reconciliation committee set up in post-apartheid South Africa – that would investigate deaths but without a police inquiry.

Truth and reconciliation

Mr Wallace has told Cabinet colleagues he supports the Bill but only on condition that terror suspects who refuse to take part in the truth and reconciliation process can still be prosecuted.

The Northern Ireland Office is planning to issue fines to individuals who do not cooperate, The Telegraph understands. But those fines – even if punitive – would be difficult, if not impossible, to enforce if terror suspects living in the Republic of Ireland ignore the process. The plans have been opposed by the Irish Government.

Military veterans, many of them in their 70s and 80s, face being summoned to give evidence to the new body, but Mr Wallace has expressed serious doubts that paramilitaries can be compelled to testify.

This risks leaving the process lopsided with former soldiers forced to give testimony and terror suspects refusing to take part.

The MoD has maintained detailed files on all shootings involving soldiers during the Troubles and these would form the basis for investigations by the new body. But since terrorist groups in the Province kept no records, there are doubts that paramilitiares can be as easily held to account.

A source close to the Defence Secretary said Mr Wallace had been blocking the Legacy Bill but had seen enough “movement” in recent days to give it support, provided that his “condition” was met that “the statute of limitations only applies to those individuals who engage in the process”.

The source added: “If you’re going to summon soldiers to give evidence you better be able to summon those terrorists living in Ireland. Otherwise the only people you’re going to see summoned are veterans.

“If the IRA don’t come forward then they don’t get the protection. That’s how it should be.”

The new truth and reconciliation body is expected to examine about 1,500 deaths during the Troubles of which about 300 involve soldiers as alleged perpetrators.

Ongoing criminal investigations have caused outrage after two soldiers were dragged to court in Belfast over the death of an IRA commander in 1972 – the trial collapsed after just a few days – and Dennis Hutchings died from Covid, at the age of 80, part way through a trial over a fatal shooting in 1974.

A Northern Ireland Office source said: “These proposals were agreed by the Cabinet through collective responsibility and focus on allowing Northern Ireland’s society to move together towards a more reconciled future.

“There is no doubt these issues are contentious but those agitating the most are yet to produce any viable alternatives of their own.

“These proposals are the only way to truly deliver better outcomes for victims and fully protect veterans.”

‘Endless investigations’

The source said it was untrue that Mr Wallace had imposed his own conditions on the legislation and that the MoD had signed off on the proposals.

Johnny Mercer resigned as veterans minister over the failure to protect troops from prosecution while disgruntled backbenchers are alarmed at the delays.

Mark Francois, a former defence minister, last week urged Mr Lewis to resign. 

“After four years, two general election manifestos, a hand-signed pledge by the Prime Minister, where is the Legacy Bill?,” he told the Commons, adding: “The Northern Ireland Secretary promised this House we would have it to help protect Northern Ireland veterans from endless investigations by the summer recess. He broke his word. Then he faithfully promised the legislation will be introduced into Parliament by, I quote, the end of the autumn.

“We now have the business up to Christmas and there is still no Bill. If the Secretary of State repeatedly breaks his word to the House of Commons, he has no honourable option but to resign.”

Jacob Rees-Mogg, the Commons leader, apologised for the delay, admitting that: “getting this balance right in legislation that we bring forward is not simple”.

A Government spokesperson said: “The Government’s proposals to address the legacy of the Troubles were collectively agreed as the best way to deliver more information for victims and fully protect our veterans. Across Government we are united in our shared commitment to protect all those who served their country and to promote greater reconciliation for all in Northern Ireland.”