Gerry Adams Accuses UK Government of Blocking Compensation

Former Sinn Féin President Gerry Adams has accused the UK government of “hypocrisy and duplicity” following the introduction of a new law aimed at blocking compensation claims for individuals interned without trial during the Troubles. This allegation comes in response to the Northern Ireland Troubles Bill, which was presented to Parliament on October 3, 2023.

The proposed legislation seeks to prevent Adams and others, who were detained unlawfully, from seeking payouts based on a 2020 Supreme Court ruling that deemed their internment unlawful due to legal technicalities. Adams announced that he plans to consult with legal experts to explore potential avenues for challenging the government’s decision both in the UK and Europe.

The veteran republican highlighted that the bill also includes new provisions intended to protect military veterans participating in legacy mechanisms related to the Troubles. These measures allow witnesses to provide evidence remotely, raising concerns about the government’s priorities.

In 2020, the British Supreme Court ruled that Adams had been wrongfully interned during the 1970s. He stated, “The decision by the court was explicit. Interim Custody Orders not authorised and approved by the Secretary of State were illegal.” He estimates that over 400 other internees are similarly affected by this situation.

Adams emphasized that the government, aware of its wrongdoing, had previously broken its own laws. He referred to a statement by Keir Starmer, who indicated a willingness to explore every possible way to prevent compensation for Adams and others affected by wrongful internment. “Today, at the stroke of a pen, what was illegal five decades ago has been made legal,” Adams asserted, arguing that the UK state is altering the rules to protect its military personnel.

The Northern Ireland Secretary, Hilary Benn, had signaled the government’s intention to ensure that the draft legislation addresses potential compensation for those unlawfully detained during the conflict. The 2020 Supreme Court ruling had previously opened the door for Adams to secure compensation for his internment at the Long Kesh internment camp, commonly known as Maze Prison, near Lisburn.

The court determined that Adams’s detention was unlawful because the interim custody order (ICO) used for his arrest had not been personally considered by the then Secretary of State, Willie Whitelaw. The UK government argued that the ICOs were lawful based on a convention known as the Carltona principle, which permits junior ministers to act on behalf of the Secretary of State.

Adams successfully challenged a prior denial of his compensation application, but the 2023 Legacy Act, enacted by the previous Conservative government, retroactively validated the ICOs, effectively halting civil claims concerning the orders. In February 2022, the High Court in Belfast ruled that provisions of this Act were incompatible with the European Convention on Human Rights. The Labour government opted not to appeal this ruling but Benn has promised to find a legal means to block compensation.

The current Troubles Bill aims to reaffirm the Carltona principle, a move believed to prevent payouts. While sections 46 and 47 of the Legacy Act have been deemed incompatible with the ECHR, the government plans to retain them until the new bill is enacted.

Furthermore, Adams accused the Irish government of colluding with the UK on this issue, describing it as “disgraceful.” He asserted that Ireland had endorsed laws that protect former soldiers involved in atrocities during the Troubles. “The British want to close the door on their past actions,” he stated, adding that he would consult with his legal team in the coming days to investigate available options in both the UK and Europe.