Ministers face backlash over proposed legal changes enabling Gerry Adams to claim substantial compensation for illegal detention, previously barred by a Conservative law. Following a High Court ruling that found the legislation violated the European Convention on Human Rights, the Labor government seeks to repeal it. Critics, including former judges and lawyers, deem this move “totally inappropriate,” arguing it misallocates public funds amid an economic crisis. Experts warn this could lead to numerous claims from former terror suspects, costing taxpayers millions. The government’s commitment to human rights is challenged as they prepare to introduce the new legislation.
Ministers were criticized yesterday over “totally inappropriate” changes to the law that paved the way for Gerry Adams to receive tens of thousands of pounds in compensation.
Former Sinn Féin leaders are prevented from receiving compensation for illegal detention under legislation passed under the previous Conservative government.
However, the Labor government plans to scrap it after the High Court of Northern Ireland ruled it breached the European Convention on Human Rights (ECHR).
Ministers are under no obligation to abide by the Belfast court decision, but have decided to do so without contesting it. The Northern Ireland High Court handed down the decision in February last year.
This would pave the way for Mr Adams and hundreds of other former terror suspects, who have always denied being members of the IRA, to claim taxpayer-funded compensation.
Sixteen colleagues – several of them former judges and top lawyers – criticized ministers last night as part of a report against the move prepared by think tank Policy Exchange.
In the report’s foreword, they branded the government’s move “totally inappropriate” and said paying reparations would be “an extremely inappropriate use of scarce public funds at a time of national economic crisis”. .
They further added: “We strongly support the criticism of Policy Exchange.” [Northern Ireland] In light of the High Court’s ruling and the government’s response to it, we urge the government to reconsider immediately. ”
Law changes pave the way for Gerry Adams to receive tens of thousands of pounds in compensation for alleged illegal detention
May 1987, Sinn Féin leaders Gerry Adams and Martin McGuinness attend the funeral of Patrick Kelly, a popular IRA commander in East Tyrone.
Shadow Attorney General Lord Wolfson KC said the government’s promise to proceed because of its “absolute commitment” to human rights “makes no sense”.
Professor Richard Ekins KC, professor of law at the University of Oxford, said: “The government has mistakenly used the comments of a High Court judge in Northern Ireland to justify the revocation of a recently enacted and perfectly reasonable law. I have adopted it.”
“The government’s decision to change the law is inexplicable and unjustified.
“It will once again open the door to a wave of pointless lawsuits relating to events more than 50 years old, resulting in the death of hundreds of people who were lawfully detained at the time on suspicion of involvement in terrorism. People may now have to pay compensation, but this is an unjust and wasteful use of public funds.” ”
Experts said Mr Adams could earn tens of thousands of pounds if new legislation tabled by ministers last month is passed.
If hundreds of other people file compensation claims, the damages could reach tens of millions of pounds.
This will anger groups such as pensioners and farmers who lost out in Premier Rachel Reeves’ budget.
Mr Adams was twice detained without trial during the unrest, a practice introduced by British ministers in Northern Ireland in the early 1970s to contain escalating violence.
He is being held under section 4 of the Terrorist Detention (Northern Ireland) Order 1972, which covers “persons suspected of being involved in the commission or attempted commission of terrorist acts”.
More than 1,900 people suspected of being members of paramilitary groups and terrorist organizations such as the IRA were detained under power.
In 2020, the UK Supreme Court agreed that Adams and others had been unlawfully detained.
Gerry Adams (centre), a member of the IRA honor guard, is pictured at the funeral of a member killed in a bomb attack in Belfast in 1973.
Mr Adams was held at Maze Prison (also known as Long Kesh concentration camp) near Belfast.
Gerry Adams Shane McGowan Funeral, St Mary’s of the Rosary Church, Nenagh, County Tipperary, Ireland – 8 December 2023
However, this conclusion was reached on the technicality that Willie Whitelaw, then Secretary of State for Northern Ireland, did not personally sign the interim custody order.
Conservative ministers rejected the judgment before passing the Northern Ireland Affairs (Heritage and Reconciliation) Act 2023, which blocks claims by Mr Adams and hundreds of others under sections 46 and 47. .
However, Labor has introduced a secondary bill to repeal these provisions.
The party has a supermajority, so it is likely to pass in the House of Representatives.
However, there could be problems with the Lords Party, where the Conservatives have a majority.
Other peers who supported the Policy Exchange report include former Cabinet Secretary Sir Brockwell Butler, former Lord Justice Rawls and Civil Attorney General Lord Etherton KC, and former Home Secretary Howard of Lympne. was included.
It was also signed by Lord Macdonald of River Graven KC, a former public prosecutor, and Lord Powell of Bayswater, Margaret Thatcher’s former private secretary.
The Northern Department, which introduced the bill, has been contacted for comment.
Ministers introduced the Relief Order, a secondary law that gives Parliament 60 days to consider the bill before it becomes law unless rejected.