Keir Starmer, the leader of the Labour Party, has vowed to explore “every conceivable way” to prevent Gerry Adams, the former Sinn Féin president, from receiving compensation as part of government plans to overhaul controversial laws dealing with the Northern Ireland Legacy period. Starmer was questioned about claims that Adams and 400 other individuals who were interned during the Troubles could be entitled to compensation under the new government framework.
In response to the question, Starmer made it clear that he would make every effort to ensure these payments would not occur. He said, “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, and it’s important I say that on the record.”
What Controversy Surrounds the Northern Ireland Legacy Act 2023?
The controversy surrounding Adams’ potential compensation stems from the government’s introduction of the Northern Ireland Legacy Act 2023. The Act, introduced under the Conservative government, included a clause that blocked compensation payments to Adams and others who were unlawfully interned in the 1970s. The basis for this provision came from a Supreme Court ruling in 2020, which quashed Adams’s conviction for two escape attempts from the Maze prison in 1973 and 1974.
Adams and many others had been detained without trial, a tactic imposed by the British government in Northern Ireland during the Troubles to curb republican violence. However, the Supreme Court ruled that the detention had been unlawful, thereby raising questions about the validity of Adams’s conviction and the broader legal framework that led to internment.
What Are the Government’s Plans to Repeal Sections of the Northern Ireland Legacy Act?
The current government has tabled a remedial order in Parliament aimed at repealing parts of the Northern Ireland Legacy Act. This includes provisions related to interim custody orders that were not signed by the Northern Ireland secretary at the time. The move follows growing concerns about the fairness and impact of the existing legislation, with critics pointing out that the Act provided immunity to individuals involved in acts of terrorism.
Speaking about the new plans, Starmer emphasized the necessity of addressing the flaws in the Northern Ireland Legacy Act. He remarked, “The Legacy Act is 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.”
What Did the Chief Secretary to the Treasury Say About Compensation for Adams?
Earlier, Darren Jones, the chief secretary to the Treasury, was asked whether Gerry Adams would be entitled to compensation under the new government framework. In his response, Jones declined to provide a definitive answer. He stated, “The government inherited a scheme from the Conservative party that didn’t have the support of anybody in Northern Ireland, that was found in many cases to be unlawful, and which actually, under the Conservative scheme, gave immunity to people who committed appalling acts of terrorism.”
Jones also mentioned that the Northern Ireland Secretary, Hilary Benn, was engaging with political parties in Northern Ireland and would report to Parliament in due course.
Why Are Critics Questioning Labour’s Shift in Position on Compensation?
The government’s proposed plans have not gone without criticism, particularly from figures like Jonathan Caine, a former government adviser to three Northern Ireland secretaries. Caine has urged the government to rethink its planned repeal of the Northern Ireland Legacy Act. He described the Labour party’s position as “inexplicable,” particularly given that Labour had never previously opposed the amendment to the Act which addressed compensation.
“They have made a political decision,” Caine added, critiquing Labour’s new stance on the issue.
Further complicating matters, the attorney general, who represented Adams in a damages claim in 2023, has faced scrutiny over his role in the decision-making process. When questioned by the Commons Justice Select Committee, Lord Hermer, the attorney general, said that any advice given to government departments would not be disclosed due to a longstanding convention. He was also asked if he had any conditional fee arrangement with Adams but stated he could not recall and declined to provide further details.
What Are the Arguments Against Potential Compensation for Adams?
The debate over compensation has sparked significant opposition from various groups. A number of peers, including former Director of Public Prosecutions Ken McDonald, shadow attorney general David Wolfson, and historian Paul Bew, have backed a think tank paper from Policy Exchange criticizing the Labour move. The paper argues that leaving open the possibility of meritless litigation would hinder reconciliation efforts in Northern Ireland.
Lord Wolfson, one of the prominent critics, stated, “The government’s claims that the repeal signals a commitment to the Human Rights Act makes no sense and warrants the sharp criticism that this paper ably provides.”
How Have Unionist Parties Responded to the Government’s Plans?
The Northern Ireland Legacy Act, which has been a focal point of division, was opposed by unionist parties, Sinn Féin, the Irish government, and the US government. Labour has made a commitment to replace it when it comes to power. The unionist parties, Sinn Féin, and the SDLP in Northern Ireland have all been approached for comment on the issue, as have the Northern Ireland Office and the Irish government.
Gavin Robinson, leader of the Democratic Unionist Party (DUP), expressed strong disapproval over the idea of taxpayer money being allocated to Adams. He called it “absurd,” given the financial demands facing essential public services such as health, policing, and education. Robinson also pointed to Starmer’s pledge but called for a more decisive action from Parliament. He said, “The government needs to stop hiding behind court judgments. Parliament is sovereign and should legislate accordingly.”
What is the Future of Northern Ireland’s Legacy Laws?
As the debate continues, Starmer and other political figures are under increasing pressure to find a solution that addresses the complex legacy of the Troubles in Northern Ireland. While the government’s plans to repeal sections of the Northern Ireland Legacy Act aim to correct what many see as flaws in the law, questions remain about the broader implications for reconciliation and justice in the region. The political dynamics surrounding this issue will likely continue to shape the future of Northern Ireland’s legal and political landscape.
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