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Potential Compensation for Gerry Adams as Legacy Act Faces Repeal

Former Sinn Féin leader Gerry Adams may soon receive compensation from the government as plans to repeal the Legacy Act unfold. This legislation currently prevents Adams and numerous others who were interned without trial during the 1970s from claiming damages for their unlawful detention.

In a critical report from Policy Exchange, a think tank based in London, there is opposition to the proposed repeal, highlighting concerns over the implications of such a decision. The Labour Party has initiated the process to repeal the act, emphasizing that the previous government’s stance on legacy issues was largely rejected across Northern Ireland.

A pivotal ruling by the UK Supreme Court in 2020 lifted some of the restrictions placed on Adams by declaring his detention unlawful. The court’s decision came after it found that the interim custody order (ICO) concerning Adams had not received the necessary personal consideration from the Secretary of State for Northern Ireland at the time, Willie Whitelaw.

The previous administration defended the legitimacy of the ICOs based on a principle known as the Carltona principle, which allows officials to act on behalf of the Secretary of State in certain instances. However, a clause in the Legacy Act was subsequently added, preventing Adams and approximately 400 other individuals who experienced similar detentions from receiving financial reparations.

In February of last year, a ruling from the High Court deemed that the segments of the Legacy Act relating to these ICOs violated the European Convention on Human Rights. Following this, the current government has proposed a remedial order to Parliament that seeks to repeal various components of the Legacy Act, specifically those that pertain to interim custody orders.

The report from Policy Exchange, which has garnered support from 16 peers, including Shadow Attorney General Lord Wolfson KC, has drawn sharp criticism of the government’s plans. Wolfson expressed disbelief at the decision to revoke sections 46 and 47 of the Northern Troubles Act 2023, underscoring the need for Parliament to scrutinize the government’s insistence on overruling a prior unanimous decision that upheld the Carltona principle and aimed to block compensation to Adams.

A spokesperson from the Northern Ireland Office responded by indicating that the government had initially agreed to amendments regarding the custody orders only after the passage of the Legacy Act, despite the Supreme Court’s ruling dating back to 2020. The spokesperson also noted the Northern Ireland Courts had previously ruled these amendments to be unlawful, necessitating their repeal.

Furthermore, the spokesperson reminded that the Legacy Act contained provisions that offered immunity from prosecution for certain individuals, a controversial aspect that has drawn considerable criticism. The government intends to repeal these provisions as well, committing to advance new primary legislation that seeks to comprehensively address legacy matters in the region.

Source
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