Gerry Adams Set to Benefit from Legacy Act Repeal as Controversy Erupts

Former Sinn Féin president Gerry Adams is poised to gain financial compensation from the taxpayer due to the potential repeal of the Legacy Act. Currently, this legislation prevents him, along with others interned without trial during the 1970s, from claiming restitution for unlawful detention. A report by the Policy Exchange think tank highlights this issue, gaining traction as Labour moves to repeal the act, which has faced widespread disapproval in Northern Ireland.

In a significant Supreme Court ruling in 2020, Adams’ prior convictions linked to prison escape attempts were overturned, deeming his detention unlawful. The court concluded that the interim custody order (ICO) under which he was detained hadn’t been appropriately reviewed by the then Northern Ireland Secretary. The Legacy Act, enacted to address the aftermath of the Troubles in Northern Ireland, includes provisions that currently block Adams and approximately 400 others from receiving compensation. Should the act be repealed by Parliament, Adams may pursue a six-figure compensation for his unlawful detention and associated prosecution.

The High Court previously deemed the ICO sections of the Legacy Act incompatible with the European Convention on Human Rights, prompting the government’s remedial order to repeal these provisions. This decision has drawn criticism from various political figures, including Shadow Attorney General Lord Wolfson, who questioned the rationale behind the repeal. Government representatives maintain that previous amendments to the act were unlawful and are crucial to reforming legacy issues comprehensively.

Initially proposed by Boris Johnson in 2021 to address what he referred to as vexatious prosecutions, the act was passed in 2023 amid opposition from victims’ groups and all major political factions in Northern Ireland. It sought to establish a new legacy body to manage historical cases, but was met with significant backlash when conditional immunity provisions were deemed incompatible with human rights protections. Labour’s commitment to repeal the Legacy Act, signified by recent actions, underscores the ongoing contentious discourse surrounding Northern Ireland’s legacy issues.