Sir Keir Starmer has said he will “look at every conceivable way” to stop former Troubles internees claiming compensation after a report warned ex-Sinn Fein president Gerry Adams is in line for “a payday from the taxpayer”.
Currently, the law under the Legacy Act blocks Mr Adams and others interned without trial in the 1970s from claiming compensation for unlawful detention but Belfast’s high court ruled parts of it were against the European Convention on Human Rights.
In a report backed by 16 peers, including shadow attorney general Lord Wolfson KC, the Policy Exchange thinktank criticised the government’s plans to lift the ban.
Labour have started the process of repealing the Legacy Act, and said the previous Conservative government’s approach to the Troubles’ legacy was “almost universally opposed in Northern Ireland”.
Sir Keir addressed the Policy Exchange report and its claim Mr Adams would get compensation if parts of the Legacy Act are repealed during Prime Minister’s Questions, saying the Legacy Act was “unfit”.
“Not least because it gave immunity to hundreds of terrorists and wasn’t supported by victims in Northern Ireland nor, I believe, any of the political parties in Northern Ireland,” he said.
“The court found it unlawful. This is a serious point.
“We will put in place a better framework.
“We’re working on a draft, remedial order and replacement legislation, and we will look at every conceivable way to prevent these types of cases claiming damages. And I say that on the record.”
Mr Adams hit back at Sir Keir, accusing the government of trying to “dodge its lawful and human rights responsibilities”.
Gerry Adams’ successful appeal
In 2020, a Supreme Court judgment paved the way for Mr Adams to receive damages after he successfully appealed convictions for two attempted prison breaks after he was interned without trial in 1973.
The Supreme Court ruled his detention was unlawful because the interim custody order (ICO) used to initially detain him had not been “considered personally” by then secretary of state for Northern Ireland Willie Whitelaw.
The previous Conservative government argued ICOs were lawful due to a convention known as the Carltona principle, where officials and junior ministers routinely act in the name of the secretary of state.
However, a clause was inserted into the Legacy Act that stopped payouts to Mr Adams and about 400 other people interned in similar error.
High court ruled ICOs against human rights
Last February, the High Court in Belfast ruled the parts of the act related to the ICOs were incompatible with the European Convention on Human Rights.
The current government has now tabled a remedial order in parliament to repeal various parts of the Legacy Act, including the sections on ICOs.
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Decision to repeal parts of Legacy Act ‘inexplicable’
Commenting on the Policy Exchange paper, Conservative shadow attorney general Lord Wolfson said: “The government’s decision to repeal sections 46 and 47 of the Northern Troubles Act 2023 is inexplicable and unexplained.
“Policy Exchange’s compelling new paper lays bare the many constitutional and practical problems to which this decision gives rise.
“Parliament must now ask hard questions about why the government is determined to override parliament’s recent, unanimous decision to vindicate the Carltona principle and to block Gerry Adams from being paid public money.
“The government’s defence of its decision to abandon a winnable appeal – that this signals its ‘absolute commitment’ to the Human Rights Act – makes no sense and warrants the sharp criticism that this paper ably provides.”
Gerry Adams hits out at government
Mr Adams said: “We need to see the detail of what is being proposed, especially in light of the British prime minister’s comments.
“The decision by the Supreme Court in 2020 was explicit. Interim custody orders not authorised and approved by the secretary of state are illegal. The British government has accepted this. It is a breach of the European Convention on Human Rights.
“When the legislation is changed there will almost certainly be further legal process in the courts before there is clarity on this matter. But no one should be surprised by a British government seeking to dodge its lawful and human rights responsibilities.
“Mr Starmer’s comments reflect the infamous assertion of British General Frank Kitson who said: ‘The law should be used as just another weapon in the government’s arsenal, in which case it becomes little more than a propaganda cover for the disposal of unwanted members of the public’.”
General Sir Frank Kitson was a controversial figure during the Troubles as he was one of the most senior army officers to serve in Northern Ireland at the time. He was in command when internment, the process of holding people without trial, was introduced and became a “visceral hate figure to Irish republicans”, his obituary from January 2024 read.
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Legacy Act allowed terrorists’ immunity
In response to the paper, a government spokesperson said: “The last government’s approach to legacy was almost universally opposed in Northern Ireland.
“During the Legacy Act’s passage through parliament, that government belatedly agreed to an amendment on the custody orders, despite the original ruling having been made all the way back in 2020.
“Last year, that amendment was ruled by the Northern Ireland courts to be unlawful and therefore it needs to be repealed.
“It should not be forgotten that the Legacy Act also included a scheme that allowed for immunity from prosecution, including for those who committed the most appalling terrorist crimes.
“We are also repealing these unlawful provisions – and will be bringing forward new primary legislation to address the full range of legacy issues.
“We must never forget that the vast majority of deaths and injuries during the Troubles were caused by acts of terrorism.”
