Former Sinn Fein president Gerry Adams has spoken out after the Prime Minister said he is looking at “every conceivable way” to stop him and other Troubles internees from seeking compensation.
Responding directly to the Prime Minister, Mr Adams claimed “no one should be surprised by a British government seeking to dodge its lawful and human rights responsibilities”.
It comes after Sir Keir Starmer was responding to criticism of the Government’s proposed repeal of legislation that had put a stop to such civil claims.
He took aim at 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 Mr Adams and others.
Prime Minister Sir Keir Starmer (Henry Nicholls/PA)
Meanwhile, Attorney General Lord Richard Hermer KC, who previously represented Mr Adams as a lawyer, came under fire when questioned by MPs for refusing to confirm whether he had advised the Government on repealing the laws.
Speaking out on Wednesday afternoon, Mr Adams said there is a “need for caution” around the comments.
“We need to see the detail of what is being proposed, especially in light of the British Prime Minister’s comments,” Mr Adams said.
“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’.”
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Both the current and former DUP leaders have also waded into the row, with Gavin Robinson saying it would be “absurd” if “money from the public purse was to be handed to Gerry Adams and his ilk”.
Mr Robinson added: “People are appalled that someone with such a background could now avail of compensation funded from taxes.
“I note the Prime Minister’s statement today that the Government will “look at every conceivable option to stop any compensation being paid” but the Government needs to stop hiding behind court judgements. Parliament is sovereign and should legislate accordingly.
“It is imperative that we prioritise the needs and concerns of victims and their families, ensuring that justice and common sense prevail in such matters.”
Meanwhile former DUP First Minister Dame Arlene Foster branded the situation as a “kick” to victims.
She told GB News: “I have to say… not only is that wrong from a justice point of view but for those victims in Northern Ireland and indeed across the UK, who have been through so much and who have been overlooked by governments at best and at worst have been kicked and abused and retraumatised by what has happened to them since 1998.
“This is another kick to those victims and I think it is completely unjustifiable.”
The 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.
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.”
News Catch Up – Tuesday 14 January