Benn ‘searching’ for legal solution to prevent payouts to Troubles internees

The Northern Ireland Secretary has said he is still searching for a legal solution to prevent former Troubles internees such as Gerry Adams from seeking compensation.

Hilary Benn promised to update MPs “when we have found it” as he faced pressure from the Conservatives to bring forward legislation to “clear this mess up once and for all”.

In January, Prime Minister Sir Keir Starmer pledged to look at “every conceivable way” to stop people detained without trial during the Northern Ireland conflict from seeking payouts on a legal technicality over who signed the orders to incarcerate them.

A Supreme Court judgment in 2020 paved the way for former Sinn Fein president Mr Adams to secure compensation over his internment without trial in the early 1970s.

The UK Parliament responded by agreeing to measures in the Northern Ireland Troubles (Legacy and Reconciliation) Act to stop such payouts to Mr Adams and other former internees.

In February 2024, the High Court in Belfast ruled that the relevant provisions were incompatible with the European Convention on Human Rights.

The current Labour Government opted not to appeal against that judgment and has tabled a remedial order in Parliament that would repeal various parts of the Act, including the sections linked to the payouts.

Mr Benn told the Commons on Wednesday: “This issue arose following the Supreme Court judgment in 2020 which found certain custody orders to be unlawful.

“The amendment to the Legacy Act to try and deal with it has also been found unlawful by the Northern Ireland courts so the Government is carefully exploring how to lawfully address this complex issue alongside our commitment to implement legacy mechanisms that are fully compliant with human rights and I will of course keep the House updated.”

Conservative former minister Sir Desmond Swayne asked Mr Benn: “Will he withhold the remedial order until he is certain that he can deliver the Prime Minister’s pledge to prevent Gerry Adams receiving compensation?”

Mr Benn replied: “The Government is currently considering the report of the joint committee on human rights and representations that were made to it.”

Shadow Northern Ireland secretary Alex Burghart said the previous Conservative government had appealed against the High Court judgment and questioned why Labour dropped it after they came into power.

Mr Benn replied: “The courts found that clauses 46 and 47 were unlawful and although the Northern Ireland Court of Appeal was not obviously asked to rule on that because we had withdrawn the appeal, it did comment unfavourably on those provisions.

“We supported clauses 46 and 47 at the time but they haven’t worked and that’s why we have to find an alternative way forward.

“I would just say to the House the main issue here is the Carltona principle, which the last government argued meant it was lawful for junior ministers to sign ICOs (interim custody orders), the amendment to try and deal with that failed and we need to find another way of reaffirming that principle – that’s at the heart of this case.”

Mr Burghart countered: “The whole House will have heard the Secretary of State not give a reason for why the Government did not continue the appeal. Government lawyers told the last government there were grounds for appeal.”

He asked again why the appeal was dropped, adding: “And why hasn’t the Government yet brought forward its own legislation to clear this mess up once and for all?”

Mr Benn said the previous Tory administration “couldn’t find a legal solution” in almost three years, adding: “I am committed to finding one and I promise I will update the House when we have found it.”

Elsewhere in Northern Ireland questions, Conservative former minister Sir David Davis said “hundreds of brave men” who served in the UK military “face a sword of Damocles of politically motivated trials hanging over them”.

He said: “I can think of no better example of two-tier justice.

“Whatever the Government does, it has to take that away and do so in a way that cannot be circumvented by clever, politically motivated lawyers. Will he give the House an undertaking he will do that?”

Mr Benn replied: “I agree with what the former defence secretary (Sir Ben Wallace) said in 2019. He said ‘the British Army upholds British values, which is the rule of law, and that’s what we stand for’.

“I would just caution, if I may, (him) to be a little bit careful about using the phrase ‘politically motivated prosecutions’. Because let us be clear, decisions about any prosecutions in any cases are taken by the independent public prosecution service, which is entirely separate from the executive.”

Conservative frontbencher Mike Wood asked what Labour’s plans were for repealing the Legacy Act.

In response to DUP leader Gavin Robinson, Mr Benn said he would inform MPs of proposals in “due course”.