Prime Minister says he will look 'at every conceivable way' to avoid paying Gerry Adams compensation

The Prime Minister has said he is examining "every conceivable way" to prevent former Troubles internees such as Gerry Adams from seeking compensation.

Sir Keir Starmer was responding to criticism of the Government's proposed repeal of legislation that had put a stop to such civil claims.

He hit out at the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 and said he will persist with attempts to replace the existing legislation, which prevented such payouts to former Sinn Fein leader Mr Adams and other former internees.

Kemi Badenoch said during Prime Minister's Questions that Sir Keir's Government "may write a cheque to compensate Gerry Adams".

"This is shameful," the Conservative Party leader said.

Sir Keir replied: "That Act was 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.

"The court found it unlawful. 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.

"It's important I say that on the record."

But Downing Street could not guarantee that compensation payouts would be prevented.

"Clearly the Government's intention is to prevent compensation from being paid. We are going to look at every option but I can't get ahead of that process," the Prime Minister's official spokesman said when asked about a guarantee.

Asked if there are real, conceivable options to block payments, he said: "The Prime Minister wouldn't make the commitment on the floor of the House if he didn't think we could address this issue.

"But as I say, it is a complex area and we have been left with a real mess when it comes to the Northern Ireland Legacy Act, which was completely unfit for purpose."

A spokesman for Mrs Badenoch said there were "almost certainly" no circumstances in which she would support awarding compensation.

"But we are going to need to see what the Bill is that the Prime Minister comes forward with," the Opposition leader's spokesman said.

Northern Ireland Secretary Hilary Benn said "nobody wants to see" Gerry Adams paid compensation for his detention but defended the decision to repeal.

He told the Commons: "Nobody wants to see that but the Supreme Court judgment which ruled that the interim custody orders following internment were not lawfully put in place, in which the Carltona principle was much discussed, was in 2020.

"The last government did nothing about that for three years until they belatedly accepted an amendment in the House of Lords which has now been found to be unlawful."

He was urged by his shadow counterpart Alex Burghart to "return to the previous cross-party position that we have to block compensation payments to terrorists such as Gerry Adams".

The minister vowed to "continue to see if we can find a lawful way of dealing with the issue that he has identified".

The relevant sections of the Legacy Act had been agreed by Parliament in 2023 in response to a Supreme Court judgment in 2020 that paved the way for Mr Adams to secure compensation over his internment without trial in the early 1970s.

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 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 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.

However, the Legacy Act stopped such payouts to Mr Adams and other former internees.

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

At the time, the then UK government said the legislation would prevent up to 400 compensation bids by former internees.

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 current government has not appealed that judgment and has tabled a remedial order in Parliament that will repeal various parts of the Legacy Act, including the sections on ICOs.

A Policy Exchange report criticising the move has been backed by 16 peers, including Shadow Attorney General Lord Wolfson KC.

"The Government's decision to repeal sections 46 and 47 of the Northern Troubles Act 2023 is inexplicable and unexplained," Lord Wolfson said.

In a statement released on Wednesday afternoon Mr Adams said: “We need to see the detail of what is being proposed, especially in light of the British Prime Minister’s comments.

“The decision by the Supreme Court in 2020 was explicit. Interim Custody Orders not authorised and approved by the Secretary of State are illegal. The British government has accepted this. It is a breach of the European Convention on Human Rights.

“When the legislation is changed there will almost certainly be further legal process in the courts before there is clarity on this matter. But no one should be surprised by a British government seeking to dodge its lawful and human rights responsibilities.

“Mr. Starmer’s comments reflect the infamous assertion of British General Frank Kitson who said: ‘The law should be used as just another weapon in the government’s arsenal, in which case it becomes little more than a propaganda cover for the disposal of unwanted members of the public’.”