Legacy of Troubles enters Slough of Despond with conflicting agendas and no firm ground underfoot
British victims campaigner speaks out
Irish News, January 16, 2025
The sister of a woman killed in the Birmingham pub bombings 50 years ago has described the British government’s Legacy Act as a “devious smokescreen”.
Julie Hambleton was speaking after a think tank linked to the Conservative Party criticised plans by the Labour government to repeal controversial legislation that had halted civil cases in the north.
The comments came after Tory-linked think tank Policy Exchange published a paper suggesting former Sinn Féin president Gerry Adams is in line for “a pay day from the taxpayer”.
Policy Exchange was set up by Conservative Party members, including two MPs, in 2002.
Jonathan Caine, also known as Lord Caine, has attached his name to the Policy Exchange document’s foreword.
The former Northern Ireland Office minister is generally viewed as the architect of the Legacy Act, which is bitterly opposed across the political divide in the north.
Under the Act, which ended civil cases, those interned without trial in the 1970s are blocked from claiming compensation for unlawful detention.
The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which came into force last May, also halted all inquests and introduced conditional immunity.
Since then, responsibility for all Troubles investigations has passed to the Independent Commission for Reconciliation and Information Recovery (ICRIR).
Many impacted by the Troubles are strongly opposed to the commission, believing it to be part of British government attempts to protect state participants from accountability.
The Court of Appeal in Belfast has found that a British government veto over sensitive material that can be disclosed by the commission to relatives of the dead is not compatible with human rights laws.
The new Labour Government has said it intends to repeal and replace the Act, although the ICRIR will be retained.
In a statement before Christmas, Secretary of State Hilary Benn said he intends to introduce a remedial order, which amends existing legislation, to remove all provision relating to immunity and that future civil proceedings will be allowed to proceed.
‘There has never been any thematic investigation of collusion between IRA and state agents’
Ms Hambleton’s sister Maxine was one of 21 people killed in the Birmingham blasts more than 50 years ago.
She and other members of the Justice for the 21 campaign group continue to call for a public inquiry into the deadly attacks.
“The Legacy Act is not about criminal prosecutions against former members the British security forces,” she said.
“It was implemented to protect collusion between British security services and all paramilitaries especially the IRA, as a devious smoke screen.”
Ms Hambleton said that while there have been thematic investigations into loyalist collusion “there has never been any thematic investigation into collusion between IRA-agents of the state involved in killing innocent civilians, including members of the security forces”.
“Justice for the 21 are totally against the Legacy Act and do not know anyone, from any side of the Troubles, who supports this obscene piece of legislation,” Ms Hambleton said.
Former Prime Minister Boris Johnson previously claimed the disputed Legacy Act is aimed at ending “vexatious prosecutions” of former British soldiers.
“Let us consider the actual evidence - how many soldiers have actually been prosecuted in comparison to how many IRA murderers have been prosecuted?” she added.
Solicitor says UK government wants to prevent reopening civil compensation cases
Ms Hambleton’s solicitor Kevin Winters, of KRW Law, disagreed with the new report adding the Adams reference is an “attack on the pending reopening of all stayed civil cases, not just the internment actions”.
“Specifically, it confirms again my view that the real target of the legacy act wasn’t the prospect of criminal prosecutions against ex security forces, it was and remains civil actions,” he said.
“That’s where the state has the least capacity to control and oversee.
“And here it is again - a barely veiled disinformation ploy to try and influence the pending repeal of the legacy act by fixating on Gerry Adams to the exclusion of over 100 civil cases in this office alone.”
A government spokesperson said: “We must never forget those who lost their lives as a result of the Troubles.
“The Legacy Act included a scheme that provided immunity from prosecution, including for those who committed the most appalling terrorist crimes. It caused immense pain amongst many victims and survivors, and in many respects has been found to be unlawful.
“We are repealing these unlawful provisions and actively engaging with interested parties to find a way forward.”
Widow of GAA official killed in 1997 still fighting to discover why he died
CAMPAIGNERS WILL MAKE VOICES HEARD AT SEAN BROWN PUBLIC INQUIRY
Suzanne Breen, Belfast Telegraph, January 16th, 2025
Bridie Brown will today make a journey that no woman of her age should ever have to. The 87-year-old will travel to Belfast for proceedings in her never-ending legal battle to establish the truth about her husband's murder.
Secretary of State Hilary Benn is challenging a High Court ruling ordering him to set up a public inquiry into Sean Brown's killing.
The 61-year-old was attacked by an LVF gang as he locked the gates of the Wolfe Tones GAA club in Bellaghy in 1997.
He was bundled into the boot of his own car and driven to Randalstown where he was shot six times. Nobody has ever been convicted of the murder of the father of six.
Bridie finally thought she would secure justice when an inquest opened into her husband's death last year. It heard that more than 25 people were linked to the murder, including several state agents.
One suspect had been a serving Royal Irish Regiment member. The security services had one LVF suspect under long-term surveillance — it stopped the night before Mr Brown's murder, and resumed the morning after.
The inquest was abandoned last March after coroner Patrick Kinney, who is also a High Court judge, confirmed he was unable to complete the legal process due to PSNI and MI5 failures to disclose vital information.
He called for a public inquiry. It was seen as the only way to address the murder and assess all the intelligence without interference as it alone had the requisite powers.
Bridie Brown hoped the change of government at Westminster would bring justice for her husband. The party had made an election manifesto pledge to repeal the Legacy Act.
PSNI wouldn’t oppose public inquiry
The PSNI said it wouldn't stand in the way of a public inquiry. However, none was forthcoming under the new administration.
In December, Mr Justice Humphreys ordered that an inquiry be set up. He found that the Government remained in breach of a human rights duty to probe the full extent of state collusion in the murder.
“After 27 years, the United Kingdom has manifestly failed to investigate the murder of Sean Brown in which state agents are allegedly involved. An 87-year-old widow does not know how, why and by whom her husband was killed. Previous investigations have been fundamentally flawed. Information has been deliberately withheld,” he said.
Hilary Benn is challenging that ruling today. His office is citing “matters of constitutional significance” as a reason.
It is claimed that a judge can advise, but not order, a Government to hold a public inquiry. Mr Benn told MPs that he wanted a “full investigation” into Mr Brown's murder. His lawyers are expected to argue that one is available via the Independent Commission for Reconciliation and Information Recovery (ICRIR) set up under the Legacy Act. The Brown family have no faith in that body and believe any probe by it would be wholly inadequate. They feel that the Secretary of State is continuing with “the same failed Tory approach”.
Relatives for Justice and other campaigners will make their voices heard outside the court.
Adams warns Starmer not to ‘dodge’ payouts to ex-detainees
Irish News, January 16th, 2025
GERRY Adams has said he is not surprised the British government would seek to “dodge its lawful and human rights responsibilities” in respect of compensating him and other Troubles internees.
The former Sinn Féin president was responding to the prime minister’s pledge to look at “every conceivable way” to stop people detained without trial during the conflict from seeking payouts on a legal technicality over who signed the orders to incarcerate them.
Mr Adams’s remarks come amid a controversy over Keir Starmer’s plan to repeal legislation that would have blocked such claims.
Tory leader Kemi Badenoch raised the issue during Prime Minister’s Questions yesterday, claiming that Sir Keir’s government “may write a cheque to compensate Gerry Adams”.
“This is shameful,” she said. Sir Keir replied: “That act was unfit not least because it gave immunity to hundreds of terrorists and wasn’t supported by victims in Northern Ireland, nor I believe by any of the political parties in Northern Ireland.
Gerry Adams says people detained without trial were being blocked payouts. “The court found it unlawful. We will put in place a better framework, we’re working on a draft remedial order and replacement legislation, and we will look at every conceivable way to prevent these types of cases “It’s important I say that on the record.”
No one should be surprised at British move
“ No one should be surprised by a British government seeking to dodge its lawful and human rights responsibilities
Reacting to Sir Keir’s remarks, Mr Adams urged caution and said there was a need to see what the government was proposing.
“When the legislation is changed there will almost certainly be further legal process in the courts before there is clarity on this matter,” he said.
The relevant sections of the legacy act had been agreed by Parliament in 2023, following late amendments, in response to a Supreme Court judgment in 2020 that paved the way for Mr Adams to secure compensation over his internment without trial in the early 1970s.
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, later the 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 Willie Whitelaw.
At the time of the case, the previous government contended that the ICOs were lawful thanks to a long-standing convention, known as the Carltona principle, where officials and junior ministers routinely act in the name of the secretary of state.
MOD finds floppy disks on Finucane and Marley murders
Alan Erwin, Irish News, January 16th, 2025
SEVEN floppy disks labelled top secret which may contain information relevant to the separate loyalist murders of Belfast solicitor Pat Finucane and a high-profile IRA man have been discovered, the High Court heard yesterday.
But a judge was also told that the MoD is unable to access the outdated storage devices.
Details emerged as lawyers for the family of one of the victims accused the security forces of making excuses for failing to properly disclose the material.
Larry Marley, who masterminded the 1983 mass escape of republican prisoners from the Maze Prison, was assassinated four years later.
His relatives are suing the PSNI and the MoD, claiming informants were linked to the UVF team who carried out the shooting at his home in Ardoyne, north Belfast in April 1987.
Damages are also being sought for alleged misfeasance in public office, negligence, conspiracy to murder and failures in the subsequent police investigation.
The Marley family’s legal action was initially listed for trial in 2023, but has been delayed amid ongoing issues in the discovery process.
At a review hearing yesterday, the court was told that the MoD has been carrying out further enquiries about the assessment of seven floppy discs which have now emerged.
The material is understood to be linked to Brian Nelson, who operated as a clandestine British Army spy while an intelligence officer within the UDA.
Nelson is believed to have provided a photograph of Mr Finucane to the loyalist gunmen who shot dead the solicitor in front of his wife and children at their north Belfast home in February 1989.
Hand written ‘Top Secret’ note on envelope
An independent public inquiry into the killing of the lawyer has been ordered after a number of probes into the case established evidence of state collusion.
Mr Justice Rooney, who is dealing with the Marley family’s case, was informed that the disks “may potentially contain information relevant, not only to these and similar civil proceedings, but to the Finucane Public Inquiry”.
However, a letter from the Crown Solicitor’s Office stated: “MoD has no available hardware, software or expertise to read the disks, as the technology is too old and outdated.”
Although an independent data recovery expert who may be able to access the storage devices has been identified, further concerns were expressed about ensuring any examination does not risk corrupting information contained on them.
According to the letter, there is no index of the disks’ contents.
“The only note available is a handwritten note on each envelope marked ‘Top Secret’ and as such, this cannot be included in open correspondence,” it added.
Stephen Toal KC, representing the Marley family, described the situation as “incredible”.
“It seems the system of discovery is set up for excuses,” he told the court.
Referring to the murder of Mr Finucane, the barrister insisted that the British government promised full access to all documents on Brian Nelson would be provided for a review carried out by Sir Desmond de Silva back in 2012.
“Some 13 years later seven disks of information relevant to Nelson have emerged and they are labelled top secret,” Mr Toal said.
He claimed the Finucane family were right not to trust what they had been told, and that his clients had no confidence in the discovery process in their case.
“We really require a root and branch exercise to be undertaken,” counsel added.
“It is obvious that Mr Marley’s name was given to the UDA and UVF around the time of his murder, but we need to know if others were in possession of this material… to prove our case.”
Expressing concern at the developments, Mr Justice Rooney said the process does not currently seem to be working and listed a further review next month.
The judge cautioned: “It may well be that I have to interrogate exactly how the MoD looks at discovery.”
Govt could cap internee compo at £1 to avoid big Adams ‘payday'
Allison Morris, Belfast Telegraph, January 16th, 2025
A Government source has suggested compensation for Troubles internees could be capped at £1 after a right-wing think tank claimed Gerry Adams could be in for a “taxpayer-funded payday”.
During Prime Minister's Questions yesterday Sir Keir Starmer said he is looking at “every conceivable way” to stop any redress.
However, a solicitor acting for 600 former republican internees, including the former Sinn Fein leader, said they will “robustly challenge” any Government plans to rewrite parts of the Legacy Act to deny compensation to those the High Court ruled were wrongfully detained.
Sources said the Government is exploring various means of achieving this legally, with one suggestion being a compensation cap of £1.
Labour had made a manifesto pledge to repeal the controversial Tory legacy legislation, although plans to grant a qualified amnesty to some who committed crimes during the Troubles have already been struck out by the High Court in Belfast.
Labour's plans to repeal those parts of the legislation that had put a stop to all civil claims, such as Mr Adams', were criticised by opponents.
Right-wing think tank Policy Exchange and Tory leader Kemi Badenoch have claimed this would open the floodgates for compensation claims against the Government by hundreds of people interned without trial in the 1970s.
She said during Prime Minister's Questions that Sir Keir's Government “may write a cheque to compensate Gerry Adams”.
Pádraig Ó Muirigh solicitor represents Mr Adams and hundreds of other republican internees, with the lead case being that of Patrick Fitzsimmons, interned in 1973. He said the Prime Minister's comments “fly in the face” of an earlier court ruling and that any attempt to replace the legislation with a new draft that will deny compensation will be “robustly challenged”.
Mr Ó Muirigh said: “Our client Patrick Fitzsimmons was interned without trial in 1973. There was no evidence that the Interim Custody Order (ICO) upon which his detention was based had been valid and that his detention was in turn lawful.
“His conviction for attempting to escape Long Kesh in 1974 (whilst interned) was overturned in the Court of Appeal in March 2022, following the UK Supreme Court findings in the case of R v Adams.
“This draconian legislation (The Legacy Act 2023) denied Mr Fitzsimmons compensation for the miscarriage of justice that led to his conviction for attempting to escape. It also denied him the ability to progress related civil proceedings issued against the British Secretary of State for his unlawful detention.
“Mr Fitzsimmons successfully challenged the provisions of this legislation relating to internment.
“In light of the court judgment there was an onus on the British Government to repeal this legislation with immediate effect.
‘The last government did nothing’ for three years’ says Benn
“The British Prime Minister's comments today fly in the face of that legal judgment and their public commitment to repeal the Act. Any attempt to deprive our client of his human rights, including the right to a fair trial, will be robustly challenged by us.”
Ms Badenoch described Sir Keir's handling of the issue as “shameful”.
In response the Prime Minister said: “That Act was unfit not least because it gave immunity to hundreds of terrorists and wasn't supported by victims in Northern Ireland, nor I believe by any of the political parties in Northern Ireland.
“The court found it unlawful. We will put in place a better framework, we're working on a draft remedial order and replacement legislation, and we will look at every conceivable way to prevent these types of cases claiming damages.
“It's important I say that on the record.”
A Downing Street spokesperson said: “Clearly the Government's intention is to prevent compensation from being paid. We are going to look at every option but I can't get ahead of that process.”
Asked if there are real, conceivable options to block payments, he said: “The Prime Minister wouldn't make the commitment on the floor of the House if he didn't think we could address this issue.
“But as I say, it is a complex area and we have been left with a real mess when it comes to the Northern Ireland Legacy Act, which was unfit for purpose.”
A spokesman for Mrs Badenoch said there were “almost certainly” no circumstances in which she would support awarding compensation.
“But we are going to need to see what the Bill is that the Prime Minister comes forward with,” the Opposition leader's spokesman said.
Northern Ireland Secretary Hilary Benn said “nobody wants to see” Gerry Adams paid compensation for his detention but defended the decision to repeal.
He reminded the Commons that “the Supreme Court judgment which ruled that the interim custody orders following internment were not lawfully put in place … was in 2020”.
“The last government did nothing about that for three years until they belatedly accepted an amendment in the House of Lords which has now been found to be unlawful.”
Mr Adams won his appeal to overturn historical convictions for two attempted prison breaks after he was interned without trial in 1973 near Lisburn.
The Supreme Court ruled that his detention was unlawful as the order had been signed off by an official, rather than the Northern Ireland Secretary.
