Minister defends dropping Troubles law appeal amid Gerry Adams payout fears

A Labour frontbencher has defended “abruptly” dropping the appeal against a High Court ruling that parts of a Troubles-related Act passed by the Conservatives were “unlawful”.

The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 would have blocked compensation for former Sinn Fein leader Gerry Adams and hundreds of others interned without trial in the 1970s, after a Supreme Court judgment in 2020 paved the way for payouts.

Sir Keir Starmer said on Wednesday that the Government would look at “every conceivable way” to stop these claimants receiving damages.

Lord Caine, who was a Northern Ireland Office minister during the passage of the Legacy Act, asked the Government why it dropped the appeal against the Belfast court’s ruling that the legislation breached the European Convention on Human Rights.

He asked: “Yesterday, the Prime Minister promised that the Government would stop Gerry Adams from receiving any compensation.

“Why then, did the Government in July so abruptly drop the appeal against the High Court judgment on the amendments I made to the Legacy Bill to achieve just that and which Labour supported at the time?”

Baroness Anderson of Stoke-on-Trent responded: “The objective was right, which is why my party in Opposition supported you.

“The method has been found to be unlawful and now we are looking at every option to engage.”

She noted the comments of the High Court, which she said “suggested we would have failed in our appeal”.

The Labour Party promised to repeal and replace the Legacy Act in its manifesto during the general election last year, and this pledge was also in the King’s Speech in July.

Lady Anderson told the House of Lords on Thursday that the Act was “unfit”, because it gave immunity to terrorists, was not supported by victims’ groups or any of the parties in Northern Ireland.

She added that the Government is working on a remedial order and replacement legislation.

The Labour frontbencher said: “On 4th December, the Secretary of State laid a proposal for a draft remedial order in Parliament.

“This is the first step in correcting the mistakes of the previous government’s approach and fulfilling the Government’s promise to repeal and replace the Legacy Act, as was in our manifesto.

“The remedial order must sit in both Houses for two periods of 60 days. This allows for proper scrutiny of the draft and for representations to be made.

“The Joint Committee on Human Rights has a key role in the process and has already launched a call for evidence, which is due to close on Monday.

“The Secretary of State’s statement also announced plans for primary legislation when parliamentary time allows.

“This legislation will include provisions to reinstate legacy inquests halted by the Act and to reform and strengthen the Independent Commission.”

DUP peer Lord McCrea of Magherafelt and Cookstown urged the Government to take “resolute action” to deal with the legacy of the past.

He said: “Without it, former soldiers will continue to find themselves in court facing vexatious claims while prominent terrorists like Gerry Adams will fill their pockets with British taxpayers’ money to the horror of innocent victims and to the shame of this Government.”

Lady Anderson responded: “The pain both of those victims and the fear and concern of our military community needs to be established.

“It’s very clear that we need to act to protect veterans. Any veteran who needs to go through legal proceedings will receive welfare and, where appropriate, legal support.

“And I am pleased that last month the Secretary of State announced the appointment of David Johnstone as the new Northern Ireland veterans commissioner, ensuring that veterans’ voices across Northern Ireland will continue to have a strong advocate to support them.”

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 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 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 and was on track to receive this before the Legacy Act was passed.