25-03-2025
Labour accused of ‘two tier justice' over legal aid for Gerry Adams
The Government has been accused of 'two tier justice' over legal aid for Gerry Adams.
Earlier this year it was revealed that Mr Adams, the former Sinn Fein president, would be in line for taxpayer-funded compensation because of Sir Keir Starmer's decision to repeal Troubles legislation.
Under current law, Mr Adams is blocked from claiming compensation over his detention in prison in the 1970s.
Sir Keir's plans will repeal the Legacy Act introduced by the Tories, which denied Mr Adams and up to 400 other IRA 'suspects' also detained in the 1970s the right to claim compensation.
The Ministry of Defence confirmed on Monday that it will seek a judicial review to challenge a coroner's ruling that could lead to SAS veterans being prosecuted for killing four IRA terrorists.
The coroner found members of an SAS unit used unjustified lethal force when they killed four IRA terrorists in an ambush at Clonoe in 1992.
The decision to commit to a judicial review came after James Cartlidge, shadow defence secretary, wrote to Al Carns, the veterans minister, asking for one.
Mark Francois, shadow defence minister, told the Commons he welcomed the review but asked: 'Why not drop the plans to revoke large parts of the Northern Ireland Legacy Act which would only serve to facilitate yet more inquests of this type?'
Mr Francois said: 'Revoking the Legacy Act would encourage a system of two tier justice. One for our army veterans and another for alleged IRA terrorists, including those who have been given so-called letters of comfort by the Blair regime.'
He asked: 'Why should a Labour government assist Gerry Adams to sue the British taxpayer? How is that supporting those who served their country valiantly [in Northern Ireland] on Operation Banner?'
Mr Carns, who served in Northern Ireland, insisted that he was working with the Northern Ireland Office to make sure anyone involved in any of the investigations gets the support they need.
It comes as ministers were urged to give British troops 'maximum protection' from 'vexatious claims' in the courts if they are deployed to Ukraine on a peacekeeping mission.
Tory MPs repeatedly pressed the Defence Secretary to confirm the Government would consider derogating from the European Convention on Human Rights (ECHR) in the event of any deployment to remove risk of such claims.
John Healey, the Defence Secretary, stopped short of offering a specific commitment.
He did point to 2021 legislation designed to give stronger protections for service personnel and veterans facing the threat of legal proceedings in relation to events which occurred on historical overseas operations.
The UK is working on deploying troops to Ukraine as part of any peace deal as part of a so-called coalition of the willing.
Mr Cartlidge told the Commons: 'If our forces go to Ukraine it will be as part of a peacekeeping mission.
'But, as the veterans minister reminded us earlier, Operation Banner was also described as being there to keep the peace, yet decades later those who served are being hounded in our courts and, in Iraq, our soldiers were subjected to hundreds of vexatious claims.
'So, if our forces go into Ukraine, will the Secretary of State consider derogating from the ECHR so as to maximise our protection against possible lawfare?'
Mr Healey replied: 'If we go into Ukraine, we will be going into a negotiated peace not a shooting war. Our aim is to secure borders, to ensure safe skies, to ensure safe seas.
'I'd just ask the honourable gentleman, is he saying that he will not support a UK mission and UK troops without that derogation?'
'Maximum protection to our Armed Forces'
Mr Cartlidge replied 'of course not' and added: 'The Secretary of State knows perfectly well that the Labour government derogated from the ECHR after 9/11 and there's a country in Europe which has derogated from the ECHR since 2015 – that is Ukraine, it's because there's a war on.
'And surely he would recognise, even if it's a peacekeeping force, there will still be threats and Russian nationals have been particularly adept at lawfare in our own courts.
'So, I ask him, surely he will at least consider giving the maximum protection to our Armed Forces from vexatious claims by derogating from the ECHR if there is a deployment?'
Mr Healey replied: 'Our Armed Forces will always have our fullest support. Just to be clear to the honourable gentleman, we are responding now, alongside France, to put together a coalition of the willing, responding to the challenge from the US for Europe to step up on Ukraine.
'We're responding to the requirement from Ukraine for security arrangements that will give them the conviction and confidence that any negotiated peace will last.
'That is a worthy mission, it's one the UK is leading and I would hope it has the support of all sides of this House.'
