A Conservative MP has called for legal protections for British soldiers following a ruling that SAS troops were not justified in killing four Provisional IRA members during an ambush in Clonoe, Northern Ireland, in 1992.
Former minister Sir David Davis described the coroner’s ruling as “demonstrably wrong”, arguing that the soldiers were operating under extreme conditions and that firing without challenge was permitted under the yellow card rules.
Sir David welcomed the Government’s decision to seek a judicial review of the ruling but insisted that, regardless of the legal outcome, the UK must ensure that veterans who served in Northern Ireland are protected from future prosecutions.
Coroner’s ruling sparks controversy
In February, Mr Justice Michael Humphreys, who conducted the inquest, ruled that the SAS soldiers did not have an honest belief in the necessity of using lethal force when they shot dead Kevin Barry O’Donnell, Sean O’Farrell, Peter Clancy, and Daniel Vincent.
The four IRA members had carried out an attack on Coalisland RUC station in Co Tyrone before retreating to Clonoe, where they were ambushed by undercover SAS troops.
The coroner found that:
- No attempt was made to arrest any of the IRA members.
- The operation was not planned and controlled in a way that minimised the need for lethal force.
- One of the men, Mr O’Donnell, was shot in the back while fleeing, and then again in the face while incapacitated.
The ruling has reignited debates over historical prosecutions and whether British soldiers should continue to face legal action for their actions in Northern Ireland’s Troubles.
Sir David Davis: ‘More clear-cut cases of justified firing are hard to imagine’
Speaking in the House of Commons, Sir David (MP for Goole and Pocklington) strongly criticised the ruling, arguing that the soldiers acted appropriately given the dangerous conditions.
“This was happening on a dark February night at about 10.45pm. Issuing a challenge under these circumstances could have amounted to collective suicide.”
He continued:
“Circumstances like this are precisely why the yellow card rules allow the soldier to fire without challenge when the danger is too great.”
Sir David warned that, unless legal protections were put in place, British veterans would continue to face psychological torment from legal proceedings long after their service had ended.
“These are men who served our country with honour, heroism, and skill, sometimes in the face of the most incredible danger. They are now hoping for a well-earned, peaceful retirement—not a future of endless stress and psychological torture.”
He also accused the IRA and its supporters of attempting to “rewrite the history of Northern Ireland” by pursuing legal action against British soldiers.
Conservative MPs demand protections for soldiers
Former Conservative Party leader Sir Iain Duncan Smith, who served in Northern Ireland with the Scots Guards, backed Sir David’s calls for greater protections for veterans.
“We have a duty of protection for those who put their lives on the line to protect our freedoms and our justice,” he told MPs.
Sir Iain insisted that the British Army’s conduct in Northern Ireland was unparalleled in its restraint and professionalism:
“No other army in the world could have done what we did in Northern Ireland—put up with so much and restrained ourselves with such dignity.”
Ministry of defence seeks judicial review
In response to the controversy, Northern Ireland Secretary Hilary Benn confirmed that the Ministry of Defence (MoD) had written to the coroner outlining its intention to apply for a judicial review of the inquest ruling.
“In its view, the findings of the coroner do not properly reflect the context of the incident, nor the challenging circumstances in which members of the armed forces were serving in Northern Ireland,” he told MPs.
The MoD has also pledged legal and welfare support for the SAS soldiers involved.
Sinn féin condemns government’s response
Sinn Féin MP Cathal Mallaghan (Mid Ulster), speaking outside Parliament, accused the UK Government of trying to deny justice to the families of the four men killed in Clonoe.
“It is disgraceful that the British Government is funding two challenges to the Clonoe inquest ruling,” he said.
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Mr Mallaghan insisted that the coroner’s decision was based on clear facts and that the killings were unjustified.
“This is yet another cynical and cruel attempt by the British Government to deny families truth and justice.”
Legacy and legal battles continue
The Clonoe ruling is the latest in a series of legal battles over historical events in Northern Ireland, as the UK Government attempts to navigate the complex issue of Troubles-era prosecutions.
Hilary Benn reaffirmed the Government’s commitment to developing a legacy process that is compliant with human rights law and that has public confidence in both Northern Ireland and Great Britain.
However, with tensions still high over the handling of past conflicts, the debate over accountability and legal protections for British soldiers is unlikely to end anytime soon.
