The Government has promised to close a legal loophole and prevent a flood of compensation claims as a result of court ruling in favour of former Sinn Fein president Gerry Adams.
Northern Ireland minister Lord Caine confirmed the Government would bring forward measures to block damages over a technicality in the use of internment at the height of the Troubles in Northern Ireland.
Peers had urged ministers to make the change following concerns that a successful appeal by Mr Adams could lead to a flood of similar legal challenges. Mr Adams won a Supreme Court appeal in 2020 over historical convictions for two attempted prison breaks in Northern Ireland in the 1970s.
He was interned without trial in 1973 at Long Kesh internment camp, which was also known as the Maze prison. The Supreme Court ruled Mr Adams’ detention was unlawful because the interim custody order used to initially detain him had not been “considered personally” by the then-secretary of state for Northern Ireland Willie Whitelaw.
This was despite a long-standing convention, known as the Carltona principle, where officials and ministers routinely act in the name of the secretary of state, who is ultimately responsible. Mr Adams was subsequently denied a pay out for the wrongful convictions when he applied for compensation from Stormont ’s Department of Justice.
But that decision was ruled unlawful by a High Court judge in Belfast, paving the way for Mr Adams’ application to be reconsidered.
Lord Caine told peers a Government-backed amendment to the Northern Ireland Troubles (Legacy and Reconciliation) Bill aimed at addressing the judgement could come as early as next week.
“I will commit to bringing forward an amendment at third reading next week following consideration by officials and lawyers that addresses all of these matters,” he said.
The minister told the House of Lords the Government was “aware of around 300 to 400 civil claims being brought on a similar basis to the Adams case”, with 40 writs filed before the first reading of the Bill.
He added: “It is therefore likely that a number of Adams type cases will be allowed to continue in spite of the prohibition on civil claims in Clause 39 of this Bill.”
The minister admitted: “There were some of us at the time that the judgement appeared that, if I can put it mildly, were somewhat baffled by its content.”
Unaffiliated peer and former Conservative justice minister Lord Faulks had earlier pressed ministers to bring forward the law change, claiming he would call for a vote on his own solution if they did not.
Lord Faulks said: “I have indicated to them that if the amendment proposed by the Government does not meet the objectives contained in this amendment, we reserve the right and we will vote at third reading.”
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