Interim Custody Orders Compensation 2025-05-21
2025-05-21
TAGS
Response quality
Questions & Answers
Q1
Partial Answer
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Context
The issue arose following a Supreme Court judgment in 2020, which found certain custody orders to be unlawful. The amendment to the legacy Act was also found unlawful by the Northern Ireland courts.
If he will take steps to ensure that compensation is not paid to people detained using interim custody orders during the troubles in Northern Ireland.
The Government are currently considering the report of the Joint Committee on Human Rights and the representations made to it. We are carefully exploring how to lawfully address this complex issue alongside our commitment to implement legacy mechanisms that are fully compliant with human rights.
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Assessment & feedback
Specific reason for withholding remedial order or preventing compensation to Gerry Adams was not provided
Response accuracy
Q2
Partial Answer
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Context
The High Court in Northern Ireland ruled that the legislation preventing taxpayer-funded compensation was incompatible with the European convention on human rights. The Conservative Government appealed this judgment, but when Labour came to power last summer, they dropped the appeal.
Will the Secretary of State set out why the Government decided to drop that appeal?
The courts found clauses 46 and 47 were unlawful. Although the Northern Ireland Court of Appeal was not obviously asked to rule on that, because we had withdrawn the appeal, it did comment unfavourably on those provisions. We supported clauses 46 and 47 at the time, but they have not worked, and that is why we have to find an alternative way forward.
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Assessment & feedback
Specific reason for dropping the appeal was not provided; instead, general commitment to finding a legal solution was stated
Response accuracy