I recall the mayhem, carnage and horror of the ‘troubles’ in Ulster, so much of it orchestrated by Gerry Adams, and so I recoil at the prospect of him receiving compensation along with hundreds of terrorists.
This grotesque possibility was ruled out by The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which sought to draw a line under the conflict and move on with the peace process.
To be fair, the legislation was highly controversial and opposed by almost everyone except the Conservative Government. Drawing a line under a conflict can be like that: There are still scores to be settled and investigations unresolved, but after so many years there has to be an end to it all.
Equally, we had to stop the outrage of elderly former soldiers being hauled before the courts to answer charges that they overstepped the rules of engagement. When, at the same time, the immunity of so many terrorists has been provided by indemnities in the form of ‘letters of comfort’ furnished to secure the peace agreement in the first place.
Labour opposed the Act and made it clear that it would be repealed after the election. But there was one part of the ACT that enjoyed unanimous support in both the Lords and the Commons: the part the which prevented compensation for Adams and others like him -sections 46 & 47.
It is complicated:
In the 1970ies, Adams, with so many others, was interned (imprisoned without trial on the orders of the government, not the courts). In 2020 Adams successfully appealed against convictions for escaping from his internment, because his internment was unlawful – having been ordered by a minister rather than the Secretary of State.
Section 46 and 47 restore the longstanding principle that powers conferred on the Secretary of State can properly be exercised by subordinate ministers, effectively reversing the Supreme Court ruling by statute.
In February last year Adams appealed again and the Northern Ireland High Court ruled that section 46 and 47 were incompatible with European Convention on Human Rights and issued a Declaration of Incompatibility with the Act.
But Parliament remains supreme. Such a declaration does not change the law or require Parliament to change it. Parliament can just decide to leave things as they are.
Sunak’s government chose, in the first instance, to appeal. There is now a body of expert legal opinion of the view that the government appeal would have been upheld and that the original Supreme Court ruling was flawed.
Nevertheless, in July the new Government withdrew the appeal and last month used its power under the Human Rights Act 1998 to issue a remedial order for Parliament to repeal sections 46 & 47 of the Legacy Act.
It is this unforced and chosen course of action, this remedial order, that now reopens the frightful possibility of thousands of pounds of taxpayer’s money being paid in compensation to hundreds of murderous terrorists. The Prime Minister says he will find a way to prevent such payments. He’d better, because he has opened up the possibility, which the last Government had shut down.