The government will look at “every conceivable way” to prevent former Sinn Féin leader Gerry Adams from receiving compensation, the prime minister has said.
Sir Keir Starmer was speaking in the House of Commons after the Conservatives said it was “shameful” that repealing the Legacy Act could put Mr Adams in line for a “cheque”.
The Legacy Act presently blocks him – and many others interned without trial in the 1970s – from claiming compensation for unlawful detention.
Mr Adams was detained in the early 1970s when the government in Northern Ireland introduced internment as violence spiralled in the early years of the Troubles.
More than 1,900 people suspected of being members of paramilitary organisations were detained, but many were arrested based on flawed intelligence.
Mr Adams has consistently denied being a member of the IRA.
A clause in the act currently blocks payouts to him and about 400 other people also interned.
Labour, which has begun the process of repealing the act, said the previous government’s approach to legacy was “almost universally opposed in Northern Ireland”.
If the Legacy Act was repealed, it is thought highly likely Mr Adams would pursue compensation.
Several peers have backed a report by Policy Exchange, a London-based think tank, criticising moves to lift the ban.
‘A real mess’
Speaking at Prime Minister’s Questions (PMQs), Sir Keir said the act was “unfit” because it was not supported by victims or political parties.
He referred to the Northern Ireland High Court ruling that part of the act was incompatible with human rights’ legislation and the Windsor Framework.
“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 and it’s important I say that on the record,” he said.
If Mr Adams was successful with a compensation bid, it could result in a six-figure payout.
This would cover both his unlawful detention and a prosecution for attempted escapes, for which he was sentenced to four-and-a-half years imprisonment.
Speaking after Sir Keir’s comments at PMQs, his official spokesman said he could not guarantee that compensation payments to Mr Adams or other former Troubles internees would be prevented.
“Clearly the government’s intention is to prevent compensation from being paid,” he said.
“We are going to look at every option but I can’t get ahead of that process.
“The prime minister wouldn’t make the commitment on the floor of the House if he didn’t think we could address this issue.
“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”.
Attorney general challenged
Earlier in the Commons, former Northern Ireland Secretary Julian Smith said the Policy Exchange report raised significant concerns.
The Conservative MP urged the government to “return to the previous cross-party position” to block such compensation.
Northern Ireland Secretary Hilary Benn said he had seen the report but added that the approach in the Legacy Act had been found unlawful.
“Of course, as the last government did, we will continue to see if we can find a lawful way of dealing with the issue he has identified,” said Benn.
Meanwhile the attorney general for England and Wales was asked during an appearance at the Commons Justice Committee about previously acting as a legal representative for Mr Adams.
Lord Hermer said he wasn’t “inclined” to answer questions on how he was remunerated for his work for “any given client”.
“I did represent Gerry Adams on something unconnected to the legacy… at the same time I was representing the family of a young British soldier murdered by the IRA in the 1970s,” he said.
“Both clients understood the importance of being able to represent everybody, that’s what a legal system is all about.”
What is the Legacy Act?
The act was the government’s controversial attempt to “draw a line” under the Troubles in Northern Ireland.
It was first proposed by the then prime minister Boris Johnson in 2021 as a solution to ending what he called “vexatious prosecutions” of former soldiers.
It was passed in 2023, but was opposed by victims’ groups and all the main political parties in Northern Ireland.
The act created a new legacy body known as the Independent Commission for Reconciliation and Information Recovery (ICRIR) to take over all Troubles-era cases from 1 May 2024, including those on the desk of the Police Service of Northern Ireland (PSNI).
It also shut down all historical inquests.
The act’s most controversial element, the offer of conditional immunity to suspects, was disapplied following legal action by bereaved families.
The court ruled this part of the act was incompatible with human rights’ legislation and the Windsor Framework.
Labour pledged to repeal the Legacy Act if they won the general election in July and formally began that process in December.
Why could Gerry Adams seek compensation?
A Supreme Court judgement in 2020 paved the way for Mr Adams to receive damages after it quashed his convictions over two attempted prison break-outs.
It ruled his detention was unlawful because the interim custody order (ICO) had not been “considered personally” by the then Northern Ireland Secretary Willie Whitelaw.
At the time, the Conservative government argued the ICOs were lawful due to a convention known as the Carltona principle, where officials and junior ministers routinely act in the name of a secretary of state.
A clause was inserted into the Legacy Act, blocking payouts to Mr Adams and about 400 other people interned in similar error.
