skip to main content

Starmer looking at 'every conceivable way' to avoid compensating Gerry Adams

Keir Starmer said that he will continue efforts to replace the existing legislation
Keir Starmer said that he will continue efforts to replace the existing legislation

The British Prime Minister has said that he is looking at "every conceivable way" to stop former Troubles internees, such as former Sinn Féin leader Gerry Adams, from seeking compensation.

Keir Starmer was responding to criticism of his 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 other former internees.

Conservative Party leader Kemi Badenoch told the House of Commons that Mr Starmer’s government "may write a cheque to compensate Gerry Adams".

"This is shameful," she said.

Mr Starmer 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.

"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."

Gerry Adams had successfully challenged a decision to deny an application for compensation for his detention

But the British government said it could not guarantee that compensation payouts would be prevented.

"Clearly the government’s intention is to prevent compensation from being paid. We are going to look at every option but I can’t get ahead of that process," Mr Starmer's spokesman said.

Asked if there are real, conceivable options to block payments, he said: "The prime minister wouldn’t make the commitment on the floor of the house if he didn’t think we could address this issue.

"But as I say, it is a complex area and we have been left with a real mess when it comes to the Northern Ireland Legacy Act, which was completely unfit for purpose."

A spokesman for Mrs Badenoch said there were "almost certainly" no circumstances in which she would support awarding compensation.

However, "we are going to need to see what the bill is that the prime minister comes forward with," her spokesman added.

Northern Ireland Secretary of State Hilary Benn said that "nobody wants to see" compensation being paid to Mr Adams for his detention but defended the decision to repeal.

Mr Benn said: "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.

"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 Conservative 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 said he would "continue to see if we can find a lawful way of dealing with the issue that he has identified".

Hilary Benn said that 'nobody wants to see' compensation being paid to Gerry Adams

The relevant sections of the Legacy Act had been agreed by the 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.

The former Sinn Féin leader 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 the Maze Prison, near Lisburn in Co Antrim.

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 Northern Ireland secretary Willie Whitelaw.

At the time of the case, the previous government maintained 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 him and other former internees.

The act retrospectively validated the ICOs to make them lawful and stopped 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, last February, 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.

Criticism of the move has been backed by 16 members of the House of Lords, including Shadow Attorney General David Wolfson who described it as "inexplicable and unexplained".