SAS Takes Unprecedented Legal Action Against Government Over Troubles Bill

Sir David Davis MP makes a called on the Prime Minister to involve himself personally

Westminster – The Special Air Service Regimental Association has taken the extraordinary step of threatening legal action against the Government over its Northern Ireland Troubles Bill, as former Brexit Secretary Sir David Davis revealed in the House of Commons yesterday that the legislation is already causing serious damage to Britain’s elite forces.

Speaking at Prime Minister’s Questions, Sir David warned that nine four-star generals have declared the bill is “doing harm to the British Army,” with the “most acute damage being felt by the Special Air Service,” affecting “their recruitment, their retention, their morale and their operational effectiveness.”

The SAS Regimental Association has sent a “letter before action” to Northern Ireland Secretary Hilary Benn, a move Sir David described as unprecedented in British military history. He pleaded with the Prime Minister to intervene personally, stating it was now “a matter of national honour” to prevent elderly veterans from being subjected to grueling legal processes for actions “which most people would consider heroic.”

PM Defends ‘Protections’

In response, Prime Minister Sir Keir Starmer outlined what he described as protections for veterans under the new legislation. These include “protection from repeat investigations,” with the commission only revisiting old cases where there are “compelling reasons.” He also promised “protection from cold calling and protection in old age, so that elderly veterans are respected,” along with “a right to anonymity, a right to stay at home to give evidence remotely, and a right to be heard through the commission.”

Process as Punishment: Inquests Not Prosecutions

However, veterans groups and military advocates have dismissed these measures as woefully inadequate, arguing they fail to address the fundamental issue: that the process itself has become the punishment. While there is little realistic prospect of criminal prosecutions succeeding against elderly veterans for incidents from decades ago, Labour’s replacement for the Legacy Act has opened the door for inquests into nine incidents involving the SAS and security forces, with around 100 SAS veterans from Northern Ireland now facing lengthy investigations.

The SAS Regimental Association’s legal warning argues that the proposed legislation is “manifestly deficient” in the safeguards it offers to those who served during the Troubles, with veterans potentially subjected to years of inquests and inquiries that amount to punishment without conviction.

Years of Legal Torment

Former Veterans Minister Johnny Mercer, who has been a vocal critic of the government’s approach, warned that the threat of “a lifetime of investigations” was reducing officer volunteers, questioning why “the bravest and brightest” would sign up for “assured persecution” while carrying out dangerous work for their country.

The concern is not about criminal convictions but about the ordeal of the process itself – elderly veterans in their 70s and 80s being forced to relive traumatic events from half a century ago, subjected to hostile questioning in inquests, and having their actions scrutinized through a modern lens with no understanding of the operational context they faced.

Colonel Richard Williams, who commanded 22 SAS during the Iraq and Afghanistan conflicts, said trust in military leadership has been “devastated” by endless investigations triggered by hearsay. “It is no wonder that so many experienced SAS men are resigning. Wouldn’t you?” he said.

‘Exodus’ from Elite Forces

General Sir Peter Wall, who led the British Army for four years, says there’s “absolutely no doubt” the legal changes are damaging the military, reporting an “exodus” from the SAS and SBS as soldiers walk away over fears of being dragged through future inquests.

The government’s fact sheet lists various procedural protections, including that veterans won’t be “forced to travel to or around Northern Ireland to give evidence” and that “Veterans’ health and wellbeing will be taken into account by the Commission and Coroners if they are required to give evidence.” It also promises “Protection from cold calling or unexpected letters” with veterans “only contacted through official channels, with Ministry of Defence support.”

‘Protections’ Miss the Point

Critics argue these procedural safeguards entirely miss the point. The protections Starmer outlined – giving evidence remotely, anonymity, consideration of health – do nothing to prevent veterans from being subjected to the inquests and investigations in the first place. For men in their 70s and 80s who served their country in impossible circumstances, the prospect of years of legal proceedings, however “sensitively” handled, represents a form of punishment in itself.

The controversy represents a significant challenge for the Labour government, which repealed immunity provisions from the previous Legacy Act after they were found to be incompatible with the European Convention on Human Rights. The government maintains that the immunity provisions “do not have the support of victims and survivors” and had to be removed.

As the row intensifies, Conservative MPs have accused the government of “steadily destroying” the moral case for military service, with the unprecedented legal challenge from the SAS Regimental Association marking a dramatic escalation in the conflict between Britain’s military veterans and the government over the legacy of the Troubles.

The fundamental question remains: even if no prosecutions result, is it right to subject elderly veterans to years of hostile inquests for split-second decisions made in combat situations decades ago? For the SAS and their supporters, the answer is clear – and they’re prepared to fight it in court.

House of Commons Transcript 19/11/25

Sir David David MP

“The Prime Minister knows that last week, nine four-star generals made plain that yesterday’s Northern Ireland bill is doing harm to the British army. Already, most acute damage is being felt by the Special Air Service. It’s already affecting their recruitment, their retention, their morale and their operational effectiveness. As a result, lawyers acting for the SAS Regimental Association have sent a Letter Before Action to the Secretary of State for Northern Ireland. I know of no precedent for this in the entire history of the British Army, and it’s because it’s so important; it reflects how important it is. So I can make a plea to the Prime Minister, will he involve himself personally to make sure that 60-,70-, 80-year-old soldiers who have carried out actions which most of us would view as heroic are not persecuted in the coming years, because now it’s a matter not of national security, but of National Honour.”

Sir Kier Starmer

“Can I thank him for his question and reassure him on the protections that he seeks for veterans, because it is a very important issue, and he has continually and rightly raised it. There will be protection from repeat investigations, so the commission doesn’t go over old ground without compelling reasons. There will be protection from cold calling and protection in old age, so that elderly veterans are respected, and those who do contribute to the legacy process will have a right to anonymity, a right to stay at home, to give evidence remotely, and a right to be heard through the commission. That is the work that we’re doing, and I’m happy to discuss it further with him.”