UK Taxpayer Compensation for Terrorists: A Dangerous Precedent

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The notion that former terrorists and their sympathizers might qualify for taxpayer-funded compensation is both alarming and unjust. This controversy reignited in 2023 when parliament blocked attempts that would have enabled figures like Gerry Adams and other IRA sympathizers to claim compensation for wrongful arrest. Adams, the former Sinn Fein leader, was interned in the early 1970s under special powers at the outset of the Troubles. However, the technicality that the warrant was signed by a junior minister rather than the Secretary of State led the Supreme Court in 2020 to quash his conviction for attempting to escape prison.

 

This legal technicality, despite being a minor oversight in procedure, has now become a point of contention. For decades, governments upheld that custody orders issued by junior ministers were valid. The High Court in Belfast, however, ruled that Adams was wrongly denied compensation, prompting a parliamentary amendment to the Northern Ireland Troubles (Legacy and Reconciliation) Bill to prevent compensation claims based on these technicalities.

 

While this amendment seemed to resolve the issue, the Government's recent decision to accept the High Court's judgment and use the Human Rights Act 1998 to make a “Remedial Order” has reopened the door for compensation claims. This move has been criticized as “inexplicable” by a Policy Exchange paper signed by 16 eminent peers. The criticism arises from viewing the situation through a purely legalistic human rights lens rather than considering the broader implications of justice and sensibility.

 

This decision could potentially allow hundreds of former terrorists and sympathizers to seek compensation, a prospect that many find outrageous. The idea of compensating someone labeled in the House of Lords as the “godfather of terrorism” due to a legal technicality is incomprehensible to many.

 

Sir Keir Starmer, a trained human rights lawyer, faces intense scrutiny over this issue. His inclination to prioritize legal technicalities over public sentiment and justice has led to accusations of being out of touch with public opinion. However, bowing to pressure Starmer says government will 'look at every conceivable way' to stop Gerry Adams and any other terrorists payout.

 

In this context, the call to drop this unconstitutional measure is not just about legal interpretation but about maintaining the integrity of justice and the sentiment that those involved in terrorism should not be rewarded with taxpayer money. This situation underscores the importance of balancing legal frameworks with moral and societal expectations, ensuring that justice is not only served in letter but also in spirit.

 

Based on a report by Daily Telegraph 2024-01-17