Removing a block on former Troubles internees, such as Gerry Adams, seeking compensation will deliver a taxpayer-funded pay day for ex-detainees, a think tank has claimed.
Policy Exchange has published a report criticising the Government’s proposed repeal of legislation that had put a stop to such civil claims.
The relevant sections of the Legacy Act had been agreed by Parliament in 2023 in response to a Supreme Court judgment in 2020 that paved the way for former Sinn Fein leader Mr Adams to secure compensation over his internment without trial in the early 1970s.
The former Maze prison at Long Kesh near Lisburn (Niall Carson/PA)
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.
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.
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.
The Policy Exchange paper 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,” he said.
“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.”
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.”