Legislation ‘forthcoming' to stop Adams internment compensation
Mr Adams won his appeal to overturn historical convictions for two attempted prison breaks, after he was interned without trial in 1973 at Long Kesh internment camp, also known as Maze Prison, near Lisburn.
The Supreme Court ruled that his detention was unlawful because the interim custody order (ICO) used to initially detain him had not been 'considered personally' by then secretary of state for Northern Ireland Willie Whitelaw.
At the time of the case, the previous government contended that the ICOs were lawful because of a long-standing convention, known as the Carltona principle, where officials and junior ministers routinely act in the name of the secretary of state.
Mr Adams subsequently successfully challenged a decision to deny an application for compensation for his detention.
However, the Legacy Act stopped such payouts to Mr Adams and other former internees.
The Act retrospectively validated the ICOs to make them lawful and halted civil claims related to the orders.
However, in February last year, the High Court in Belfast ruled that the provisions of the Act related to the ICOs were incompatible with the European Convention on Human Rights.
The Labour Government has not appealed that judgment and has tabled a remedial order in Parliament that will repeal various parts of the Legacy Act.
The draft laws to be introduced by Mr Benn will aim to give effect the block on payouts to former detainees in a lawful manner.
In a question to Mr Benn, Labour MP Chris McDonald asked 'what steps he is taking to address the issue of interim custody orders that were not signed by his predecessor' in relation to Mr Adams's case.
Responding in a written answer on June 26, the Secretary of State said: 'The main issue here is the application of the Carltona principle in the context of ICOs.
'The previous Government's attempt to address this following the 2020 Supreme Court judgment in Adams has been found by the Northern Ireland courts to be unlawful and we need to find a better way of reaffirming this principle.
'The Government will therefore legislate to address this issue in forthcoming primary legislation.'
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