Starmer looking at ‘every conceivable way’ to avoid compensating Gerry Adams

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Starmer Looking At ‘Every Conceivable Way’ To Avoid Compensating Gerry Adams
Gerry Adams subsequently successfully challenged a decision to deny an application for compensation for his detention.
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By Helen Corbett, Richard Wheeler and Will Durrant, PA

Sir Keir Starmer has said he is looking at “every conceivable way” to stop former Troubles internees such as Gerry Adams from seeking compensation.

The UK prime minister was responding to criticism of the UK's government’s proposed repeal of legislation that had put a stop to such civil claims.

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He criticised the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 and said he will continue with efforts to replace the existing legislation, which stopped such payouts to former Sinn Féin leader Mr Adams and other former internees.

Kemi Badenoch said at Prime Minister’s Questions that Sir Keir’s Government “may write a cheque to compensate Gerry Adams”.

Prime Minister Sir Keir Starmer speaking at University College London (UCL) East in east London, as he unveils his Government’s AI Opportunity Action Plan
Sir Keir Starmer said the UK Government would look at ‘every conceivable way to prevent these types of cases claiming damages’ Photo; Henry Nicholls/PA.

“This is shameful,” the Conservative Party leader said.

Sir Keir replied: “That 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 by any of the political parties in Northern Ireland.

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“The court found it unlawful. 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.

“It’s important I say that on the record.”

Northern Ireland Secretary Hilary Benn said “nobody wants to see” Gerry Adams paid compensation for his detention.

He told the Commons: “Nobody wants to see that but the Supreme Court judgment which ruled that the interim custody orders following internment were not lawfully put in place, in which the Carltona principle was much discussed, was in 2020.

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“The last government did nothing about that for three years until they belatedly accepted an amendment in the House of Lords which has now been found to be unlawful.”

He was urged by his shadow counterpart Alex Burghart to “return to the previous cross-party position that we have to block compensation payments to terrorists such as Gerry Adams”.

The minister vowed to “continue to see if we can find a lawful way of dealing with the issue that he has identified”.

Northern Ireland Secretary Hilary Benn leaving 10 Downing Street, London, following a Cabinet meeting.
Northern Ireland Secretary Hilary Benn said ‘nobody wants to see’ Gerry Adams paid compensation for his detention. Photo; Lucy North/PA.

The relevant sections of the Legacy Act had been agreed by UK Parliament in 2023 in response to a Supreme Court judgment in 2020 that paved the way for Mr Adams to secure compensation over his internment without trial in the early 1970s.

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Mr Adams won his appeal to overturn historical convictions for two attempted prison breaks, after he was interned without trial in 1973 at Long Kesh internment camp, also known as Maze Prison, near Lisburn.

The Supreme Court ruled that 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.

At the time of the case, the previous government contended that the ICOs were lawful due to a long-standing convention, known as the Carltona principle, where officials and junior ministers routinely act in the name of the Secretary of State.

Mr Adams subsequently successfully challenged a decision to deny an application for compensation for his detention.

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However, the Legacy Act stopped such payouts to Mr Adams and other former internees.

The Act retrospectively validated the ICOs to make them lawful and halted civil claims related to the orders.

At the time, the then UK government said the legislation would prevent up to 400 compensation bids by former internees.

However, in February last year, the High Court in Belfast ruled that the provisions of the Act related to the ICOs were incompatible with the European Convention on Human Rights.

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The current government has not appealed that judgment and has tabled a remedial order in Parliament that will repeal various parts of the Legacy Act, including the sections on ICOs.

A Policy Exchange report criticising the move has been backed by 16 peers, including Shadow Attorney General Lord Wolfson KC.

“The Government’s decision to repeal sections 46 and 47 of the Northern Troubles Act 2023 is inexplicable and unexplained,” Lord Wolfson said.

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