The scrapping of a system to provide conditional immunity to veterans who served in Northern Ireland during the Troubles has triggered warnings former soldiers have been betrayed and will be “scapegoated”. A new deal between Labour and the Republic of Ireland announced today will see the repeal of measures introduced by the last Conservative Government to stop ageing veterans being hit with vexatious prosecutions.

Shadow Defence Secretary James Cartlidge warned: “The previous Government’s Legacy Act meant our brave Northern Ireland veterans could sleep soundly in their beds at night, knowing they would not be prosecuted for the crime of serving their country, decades ago. Labour’s announcement today removes that certainty and opens the floodgates to a new wave of vexatious legal action against our veterans – threatening the Army’s morale just as we face the most profound military threats since the Cold War.”

A petition calling on the Government not to do anything which could lead to veterans being “prosecuted for doing their duty in combating terrorism” has won more than 197,000 signatures.

Former Defence Secretary Sir Gavin Williamson said: “This is quite clearly a betrayal of our veterans. The protections that were put in place are going to be cast aside and we all know that there will be no terrorists who are tried here but this will be all about persecuting those who served their country in the face of a terror threat with spurious prosecutions which potentially could blight of their lives.”

The Government says it is dealing with the “unfinished business” of the peace process and claims the new agreement is intended to help families learn the truth about what happened to their loved ones during the years of terrorism.

A new set of measures for veterans has been unveiled to address concerns they will be hounded for political purposes and to protect them from repeated investigations. The Government says the Legacy Commission will have a statutory duty not to duplicate past investigations unless there are “compelling reasons” to do so.

A further “right to stay at home” will mean veterans will not be forced to come to Northern Ireland to give evidence to the commission or to an inquest.

Veterans will also be able to seek anonymity and will have “protection from cold calling”. If they are contacted as witnesses they will “approached through proper protocols with Ministry of Defence support”.

The commission will have a further statutory duty to take account of the health and wellbeing of potential witnesses, many of whom will be in old age and ill-health.

The new rights are intended to guarantee “no veteran who carried out their duty properly will be forced to face endless legal uncertainty”.

The Government says it will legislate to “end the former Government’s immunity plan for terrorists” – but veterans will want assurances they are not at heightened risk of prosecution.

The Conservatives’ Legacy Act provided a way for people who gave evidence to the Independent Commission on Information Retrieval (ICRIR) to benefit from conditional immunity, as well as stopping further inquests and civil actions. But the High Court in Belfast ruled this breached the European Convention on Human Rights and the Republic of Ireland launched a case against the UK at the European Court of Human Rights.

Under the new agreement the Republic should provide investigate all unresolved Troubles-related incidents in Ireland. The UK Government says more than 1,100 families across the UK – including over 200 armed forces families “had investigations into the deaths of their loved ones shut down on May 1, 2024 by the Legacy Act”.

The Legacy Commission – the reformed ICRIR – will have its independence strengthened. The “small number of inquests” which were stopped by the Legacy Act will resume.

The Republic will also create a new “legacy unit” within its police service to “investigate all unresolved Troubles-related incidents in Ireland”.

However, Jim Allister, the leader of Northern Ireland’s Traditional Unionist Voice party, fears veterans will be “scapegoated” and said it was an “obscenity” that the new arrangements had been drawn up with the Dublin Government.

He said: “Many victims of the IRA would be alive today but for the facilitation of their murderers by the Republic. The sanctuary, safe houses, training grounds, explosives, collusion and refusal of extradition all enabled and sustained the IRA murder campaign.

“Thus, allowing the Government of the Republic to co-design the legacy proposals is an obscenity. An obscenity which makes unionist buy-in impossible.

“Once more the Government has failed innocent victims to prioritise placating Dublin and republicanism, while all the time the Republic continues to protect its terrorist-supporting past from any scrutiny.”

Mr Allister warned veterans will “again be scapegoated”, adding: “I could not recommend any innocent victim to give this sham any credibility by participating in it. Other unionist leaders should equally stand strong against this betrayal.”

Northern Ireland Secretary Hilary Benn said: “As Secretary of State I have been determined to help those families who lost loved ones in the Troubles, including relatives of the families of British service people who did not come home, to find the answers they have long been seeking. The previous Government’s flawed, undeliverable and widely opposed Legacy Act has caused great pain and anguish to many people in Northern Ireland.

“I believe that this framework, underpinned by new co-operation from both our governments, represents the best way forward to finally make progress on the unfinished business of the Good Friday Agreement.

“And I hope that having read what we are proposing, the communities who were most affected by the Troubles will see this as a way forward in which they can have confidence, and will therefore give this plan a fair chance.”

Armed forces minister Al Carns said: “As a serving reservist and after 24 years in the Marines, I know that if something were to happen to me, I would want my family to have the truth as to what happened. The reality is mothers and fathers, and brothers and sisters of hundreds of loved ones who gave their lives to protect their nation during the Troubles have had that quest for truth cut short by the last Government’s failed legislation.

“The Tories’ Legacy Act left those families, and our veterans, in a legal wild west. We are replacing the Legacy Act to allow service families access to the truth and closure, while putting in place specific and real protections for our veterans and Armed Forces community, to ensure the process can never again be used as a punishment.

“We will ensure the rights of those who served their nation so honourably will be protected.”

Lt Gen Sir Nick Pope, who chairs the Confederation of Service Charities (Cobseo), said: “Addressing the legacy of the Troubles in Northern Ireland continues to be a deeply challenging and complex area. As the Confederation of Service Charities, Cobseo welcomes the development of the safeguards that have been put in place to offer protection to those within the armed forces community who are affected by legacy issues.

“Relevant charities in the armed forces sector stand by and are ready to support any veteran or family member who require support or assistance.”