Keir Starmer’s high authorized adviser refuses to make clear whether or not he accredited regulation change paving the way in which for Gerry Adams to obtain compensation
Sir Keir Starmer’s top legal adviser yesterday refused to say whether he approved a law change which paves the way for Gerry Adams – a former client – to receive compensation.
Lord Hermer KC, the Attorney General, was accused by Tory MPs of ‘hiding behind’ a Whitehall convention as he repeatedly refused to answer questions.
He also claimed he does ‘not recall’ if he benefited financially from representing the former Sinn Fein leader just over a year ago in a lawsuit brought against Mr Adams by three victims of Provisional IRA bombings.
It came after a furious row erupted over the Government’s decision to table a law change which, it is warned, will allow Mr Adams and hundreds of other former suspected Northern Irish terrorists to lodge compensation claims.
Until now, they have been blocked from receiving payouts for alleged unlawful detention in the 1970s by legislation passed under the previous Conservative administration.
But the Government is planning to repeal this after Northern Ireland’s High Court ruled last year that the 2023 legislation breaches the European Convention on Human Rights.
There is no obligation for ministers to follow the Belfast court’s ruling but they have chosen to, with Northern Ireland Secretary Hilary Benn saying it shows an ‘absolute commitment’ to human rights.
It opens the door for Mr Adams, who has always denied being a member of the IRA, and others to get compensation.
Sir Keir Starmer’s top legal adviser yesterday refused to say whether he approved a law change which paves the way for Gerry Adams – a former client – to receive compensation
Lord Hermer KC, the Attorney General, was accused by Tory MPs of ‘hiding behind’ a Whitehall convention as he repeatedly refused to answer questions
He also claimed he does ‘not recall’ if he benefited financially from representing the former Sinn Fein leader, pictured, just over a year ago in a lawsuit brought against Mr Adams by three victims of Provisional IRA bombings
Lord Bew, one of sixteen senior peers opposing Labour’s human rights plans, said they could cost taxpayers ‘billions’.
And Tory leader Kemi Badenoch branded it ‘shameful’ that Labour plans to ‘write a cheque to compensate Gerry Adams’ during a heated exchange at Prime Minister’s Questions.
Sir Keir, who appeared flustered, suggested he could now abandon the move.
He replied: ‘We are working on a draft Remedial Order and we will look at every conceivable way to prevent these types of cases claiming damages.’
But his official spokesman failed to say how the Government will do this.
Lord Hermer, whose role is to advise the Government on a wide range of legal issues, was quizzed by MPs on the Commons justice committee.
Asked by Conservative MP Sir Ashley Fox if he had approved the move, he said he could not answer because of the Law Officers’ Convention – a long-standing rule that attorney generals cannot reveal what legal advice they have given the Government or whether they have even given any.
Former Conservative minister Robert Jenrick posted on X: ‘The Attorney General will not say whether he stands to gain financially if the Government pays out to Gerry Adams.
During the Troubles, Mr Adams was twice detained without trial – a practice introduced by UK ministers in Northern Ireland in a bid to contain spiralling violence in the early 1970s. Picture: Mr Adams with former Prime Minister Tony Blair
‘Nor has he said whether he was involved in decisions which benefit his former client. Remarkable.’
During the Troubles, Mr Adams was twice detained without trial – a practice introduced by UK ministers in Northern Ireland in a bid to contain spiralling violence in the early 1970s.
More than 1,900 people suspected of being members of paramilitary or terror groups such as the IRA were detained under the powers. But in 2020, the UK Supreme Court agreed that Mr Adams and others were unlawfully detained.
This conclusion was reached on a technicality, which was that then Northern Ireland secretary Willie Whitelaw had not personally signed the interim custody order.
Tory former ministers rejected the ruling before passing the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which – under sections 46 and 47 – blocked those detained without trial from lodging compensation claims.
But Labour quietly tabled secondary legislation last month which would repeal these sections. If it does not withdraw it, the Bill is likely to pass the Commons because the party has a huge majority.
But it could run into trouble in the Lords, where the Tories have a majority.
