Northern Ireland "legacy issues" - where now?

A further political row has erupted over the possibility that Mr Gerry Adams ( President of Sinn Féin between 13 November 1983 and 10 February 2018) may receive compensation because of governmental action during the 1970s and "The Troubles" in Northern Ireland. 

The Adams case

In Adams, R. v (Northern Ireland) [2020] UKSC 19 (13 May 2020) the Supreme Court, in a unanimous judgment delivered by Lord Kerr, held that an "Interim Custody Order" (ICO) made against Adams on 21 July 1973 was unlawful. Adams tried to escape from custody on two occasions and received sentences of imprisonment for attempting to escape from lawful custody. 

Given that the ICO was found to be unlawful, Adams claimed

compensation for miscarriage of justice (Criminal Justice Act 1988 s133) but it was refused by the Northern Ireland Department of Justice. The High Court in Northern Ireland quashed that decision - Adams, Application for Judicial Review [2023] NIKB 53 (28 April 2023) - and an appeal by the Department of Justice was dismissed  - IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND

2023 Legacy Act

In 2023, the controversial Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 was enacted. This sought to address a number of "legacy issues" arising from The Troubles. In particular, section 46 reversed the decision of the Supreme Court in Adams and provided that ICOs were to be treated as always having been exercisable by authorised Ministers of the Crown as well as by the Secretary of State.  Further, section 47 prevents compensation relating to ICOs. (Please read the sections fully).

In February 2024, a judicial review was decided by the Northern Ireland High Court (Colton J). The review was NOT brought by Adams but was brought by individuals aggrieved by various aspects of the 2023 Act. The High Court declared that sections 46 and 47 of the Act contained incompatibilities with the European Convention on Human Rights - Dillon & Ors, Re Application for Judicial Review (Rev1) [2024] NIKB 11 (28 February 2024). Later in 2024, the NI Court of Appeal confirmed the declaration of incompatibility - see Dillon & Ors, Application for Judicial Review [2024] NICA 59 (20 September 2024) (para 287 onwards).

The Labour government, elected in July 2024, is seeking to remedy the incompatibilities and, in December 2024, published a proposal for a draft remedial order -  A proposal for a Remedial Order to amend the Northern Ireland Troubles (Legacy and Reconciliation Act) 2023 - GOV.UK. This will require parliamentary approval (Human Rights Act 1998 Schedule 2).

It appears that the government is seeking to avoid payment of compensation to Adams. In the House of Commons on 15 January 2025 a debate took place on NI Legacy Issues - Legacy Discussions - Hansard - UK Parliament. This exchange took place

Also on 15 January, in response to the Leader of the Opposition, the Prime Minister told the House

So there, at least for now, the matter rests. Starmer was correct to say that the 2023 Act lacked support among victims in Northern Ireland. 

How this will be resolved remains to be seen .....

Notes:

1. Gerard Adams (76) was the President of Sinn Féin between 13 November 1983 and 10 February 2018. From 1983 - 1992 and also 1997 = 2011 he was MP for Belfast West. Gerry Adams - Wikipedia
2. The 2023 Act is also the subject of an inter-State application brought by Ireland - Previous post Law and Lawyers: Ireland v UK ~ challenge by Ireland to UK primary legislation
3. Law and Lawyers: The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 Part 3 + Report by the Norwegian Centre for Human Rights
4. The-Supreme-Court’s-misunderstanding-in-the-Gerry-Adams-case.pdf (policyexchange.org.uk) - where Lord Howell of Guildford argued that the Supreme Court was wrong to quash Adams' conviction for escaping detention - (see the Press Release relating to that judgment).
5. The Northern Ireland Troubles (Legacy and Reconciliation) Bill was amended when it was passing through the House of Lords with a view to preventing the payment of compensation in a case such as that of Gerry Adams.
6. Internment was considered by the 'Bloody Sunday Inquiry' chaired by Lord Saville - see Volume 1 at para 8.49 - Report of the Bloody Sunday Inquiry - GOV.UK (www.gov.uk)