LAST UPDATE | 15 Oct

FORMER SINN FÉIN leader Gerry Adams will take legal action over the UK’s decision to exclude people who were imprisoned without trial during the Troubles from a compensation scheme.

He accused the UK government of “hypocrisy and duplicity” after it proposed the retrospective law change that would block him and others from the payment. 

The Northern Ireland Troubles Bill was presented to Parliament yesterday.

Those who were detained without trial during that time period are seeking payouts based on a judicial decision that ruled their internment unlawful on a legal technicality.

Now, Adams says he’s pursuing legal action against Keir Starmer’s decision, estimating that 400 other internees will be similarly affected.

The British government, which knew it was in the wrong at that time, knowingly broke its own law.

“In January, Keir Starmer made it clear that he would look at ‘every conceivable way’ to ensure that I and others impacted by this did not receive compensation,” Adams said.

“Yesterday the British government produced legislation which upholds the quashing of the convictions but denies compensation. This is clearly discriminatory.

“Once again the British state changes the rules to protect its security personnel while denying others equality of treatment.”

The UK Bill also introduced new “protections” designed to address concerns of military veterans who are asked to engage in legacy mechanisms in Northern Ireland.

The measures include the option of witnesses giving evidence remotely.

Northern Ireland Secretary Hilary Benn had already signalled the Government’s intent to ensure the draft legislation acted on the issue of potential compensation to internees whose detention without trial during the conflict has since been ruled to have been unlawful.

Northern Ireland Secretary Hilary Benn tabled the Bill in Parliament Peter Byrne / PA Peter Byrne / PA / PA

A Supreme Court judgment in 2020 paved the way for Adams to secure compensation over his internment in the early 1970s.

Adams won his appeal to overturn historical convictions for two attempted prison breaks, after he was interned in 1973 at Long Kesh internment camp, also known as Maze Prison, near Lisburn.

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 secretary of state for Northern Ireland Willie Whitelaw.

At the time of the case, the previous government contended that the ICOs were lawful because of a long-standing convention, known as the Carltona principle, where officials and junior ministers routinely act in the name of the secretary of state.

Adams subsequently successfully challenged a decision to deny an application for compensation for his detention.

However, the 2023 Legacy Act introduced by the last Conservative government stopped such payouts to Adams and other former internees.

The Act retrospectively validated the ICOs to make them lawful and halted civil claims related to the orders.

However, in February last year, 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 Labour Government did not appeal against that section of the High Court judgment but Benn pledged to find a lawful means to block payouts.

The Troubles Bill has now proposed to reaffirm the so-called Carltona principle into law, a move the Government believes will prevent payouts.

While the Legacy Act’s provisions in relation to ICOs, sections 46 and 47, were ruled incompatible with ECHR by the High Court, the Government is retaining those sections on the statute book until such time as the Troubles Bill becomes law.

The Bill gives legislative effect to several measures contained in a joint framework for dealing with the legacy of the Troubles recently agreed by the UK and Irish governments.

The measures designed for veterans engaging in legacy processes are not contained in the UK-Irish framework.

However, Adams accused the Irish government of colluding with the UK on the issue, something he branded as “disgraceful”, as he said Ireland had signed up to laws he claimed would protect former soldiers who had been involved in atrocities during the Troubles.

He added: “The British want to close the door on their past actions.

“Like many others I will be speaking to my legal team in the next few days to examine what options here and within Europe are open to us.”