PRESS RELEASE
FAMILY OF ANNETTE MCGAVIGAN SECURE PRESERVATION ORDER OF ALL ARMY OPERATION BANNER DOCUMENTS HELD BY MOD FROM 1969 TO 2007
HARTE COYLE COLLINS, SOLICITORS & ADVOCATES
ISSUED 25th JUNE 2025
Lawyers acting on behalf of the family of Annette McGavigan (14) who they believe was killed by a member of the Royal Green jackets on the 6th of September 1971 in Derry, have secured a Preservation Order for 50,000 Operation Banner army documents held by the MOD for a further period of 10 years to 2035.
Patricia Coyle, Solicitor, acting on behalf of the family wrote to the Ministry of Defence, Lord Chancellor and Secretary of State for Culture, Media & Sport (SSCMS) on the 17th of April 2025 requesting an extension of an existing Preservation Order for all MOD Operation Banner documents dating from August 1969 to July 2007. The 2014 Order listed the documents to be preserved as including “Operational briefs and summaries, log sheets, patrol and incident reports from Operation BANNER in Northern Ireland.”
The 2014 Order secured the preservation of “approximately 50,000 records comprising operations briefs and summaries, log sheets, patrol and incident reports from Operation BANNER.” The Order states that “These records are those of Operation Banner (British Armed Forces Operation in Northern Ireland from August 1969 to July 2007) and that their retention is required to support ongoing statutory and judicial proceedings.”
The first Preservation Order was issued by the Lord Chancellor as a result of a previous judicial review application by the family of Annette McGavigan in 2014.
The family of the 14 year old schoolgirl wants to ensure that the MOD continues to preserve all army documents relating to Operation Banner for the period 1969 to 2007 so that they, and other families seeking information in legacy cases, can access relevant state materials for the purposes of future legacy inquests, civil actions, and public inquiries.
The next of kin of the 14 year old schoolgirl were granted a fresh inquest by the Attorney General for Northern Ireland just minutes after they received a negative prosecution decision from the Public Prosecution Service on 29th April 2024. All of this occurred the day before the cutoff date of the Legacy Act 2023, on the 30th of April 2024.
Since 2015 fresh evidence, including eye-witness accounts, pathology, and ballistic evidence, had been submitted by the lawyers for the family to the Attorney General for consideration of a fresh inquest which was granted on the 29th of April 2024.
The Secretary of State for Northern Ireland has publicly committed to honoring the fresh inquests which were directed by the Attorney General before the cut off date 30th April 2024. It is understood that there are over 22 inquests relating to over 40 deaths in Northern Ireland still outstanding, with some other previously unallocated legacy inquests also due to be honored.
Patricia Coyle, solicitor for the family said today;
“In 2015 my clients sought the preservation of all relevant Ministry of Defence documents relating to British army’s activities in Northern Ireland from 1969 to 2007. In particular they wished to secure the preservation of all army documents relating to the killing of their 14 year old sister Annette on 6th September 1971 in Derry so these are available for the fresh inquest they achieved last year.
The first Preservation Order for these documents was granted in December 2014 for 10 years.
The legal obligation to preserve 50,000 army records relating to Northern Ireland was transferred from the Lord Chancellor to the Secretary of State for Culture, Media, and Sport (SSCMS) in 2015.
In April, this year our clients sought a further Preservation Order from the MOD, Lord Chancellor, and SSCMS. Lawyers acting on behalf of the Ministry of Defence have now confirmed that a further 10 year Preservation Order was signed by SSCMS on 6th May 2025.
The preservation of these records is of paramount importance for all families in Northern Ireland who seek access to information and truth about the killing of their loved ones in cases involving the army.”
The family of Annette McGavigan were represented in this matter by Dessie Hutton K.C., Gerard McGettigan B.L. and Patricia Coyle, Solicitor
Contact Patricia Coyle
Harte Coyle Collins
Solicitors & Advocates
02890 278227
