Sir Keir Starmer’s official spokesman has pointed the finger at Northern Ireland Secretary Hilary Benn over the decision to repeal parts of the Troubles legislation, which may in turn enable former Sinn Fein leader Gerry Adams to claim compensation.
The Prime Minister’s official spokesman said the Northern Ireland Secretary was responsible for scrapping sections of the Northern Ireland Troubles Act that previously barred Mr Adams and roughly 400 other Republicans from seeking damages over their 1970s detention.
Labour repealed the law last year after the Northern Ireland High Court ruled it breached human rights legislation. Mr Benn defended the decision, saying it demonstrated “the Government’s absolute commitment to the Human Rights Act.”
Asked if Attorney General Lord Hermer had advised on the repeal, the Prime Minister’s spokesman said: “I’d stress that any decisions on the Legacy Act are taken by the Northern Ireland Secretary as the responsible department.
“I appreciate the strong interest here, but there’s a long-standing convention observed by successive governments that the substance of law officers’ advice to the Attorney General is not disclosed.”
Critics, however, have branded the decision short-sighted with 16 peers warned on Tuesday that it may result in a surge in “meritless litigation”.
A Policy Exchange report prepared by former judges, lawyers, and ministers claimed the move could result in payouts to individuals lawfully detained for suspected terrorist activities.
Shadow Home Secretary Chris Philp said: “This was a shocking decision by the Labour Government. Repealing the legacy legislation could allow known terrorists to claim compensation and embroil the Government in endless costly litigation, while genuine victims may get nothing.”
Boris Johnson was also unimpressed, saying: “In Starmer’s Britain, you can be locked up for a stray tweet, but former terrorists and their apologists are suddenly showered with unexpected gold.”
Victims of IRA attacks described the prospect of Mr Adams getting a payout as “offensive” and “perverse.”
Jason McCue, who represented the families of the 1998 Omagh bombing, told the Telegraph: “It would be foolish in the extreme to revoke 46/47 and thereby give Adams et al a pathway to compensation which would destabilise reconciliation within the legacy.”
Referring to the legislation in question, a spokesman for the Northern Ireland Office said: “The last government’s approach to legacy was almost universally opposed in Northern Ireland.
“During the Legacy Act’s passage through Parliament, that government belatedly agreed to an amendment on the custody orders, despite the original ruling having been made all the way back in 2020.
“Last year, that amendment was ruled by the Northern Ireland courts to be unlawful and therefore it needs to be repealed.
“It should not be forgotten that the Legacy Act also included a scheme that allowed for immunity from prosecution, including for those who committed the most appalling terrorist crimes.
“We are also repealing these unlawful provisions, and will be bringing forward new primary legislation to address the full range of legacy issues.
“We must never forget that the vast majority of deaths and injuries during the Troubles were caused by acts of terrorism.”
Meanwhile, Attorney General Lord Hermer is facing scrutiny over potential conflicts of interest after refusing to confirm whether he recused himself from advising on the repeal or whether he played a role in decisions affecting his former client, Mr Adams.
Lord Hermer has also faced criticism over his legal work, including representing asylum seekers and families accusing UK special forces of murder.
Sir Keir has pledged to find a way to prevent compensation for Mr Adams and others while maintaining Labour’s commitment to human rights – although No 10 has not revealed how it will do this.