Northern Ireland Troubles Bill

Hilary Benn Excerpts

Tuesday 18th November 2025 Written Statements

[The Secretary of State for Northern Ireland (Hilary Benn)]

In 2020, the Supreme Court ruled that the detention of Gerry Adams—who was interned in July 1973—was unlawful because the interim custody order was not personally signed by William Whitelaw, the Secretary of State for Northern Ireland at the time. The Supreme Court’s view was that the wording of the provision indicated that the Carltona principle was displaced. The Supreme Court quashed Mr Adams’ convictions for escaping from prison while detained under the 1973 order, and he has since applied to the Department of Justice in Northern Ireland for miscarriage of justice compensation.

The Carltona-based challenge was made over 40 years after the order for Mr Adams’ internment. There had been no suggestion at the time of enactment or in the intervening period in any other previous case that the lawfulness of the interim custody orders were in doubt because they were made and signed by Ministers, rather than the Secretary of State personally. At the time that these decisions were taken, Ministers believed they were acting lawfully on the basis of the Carltona doctrine. We consider that, based on Parliament’s intention, they were right to do so.

We consider that it would be unjust and inappropriate in public interest terms for those who were detained under these orders to be able to make claims based on the fact that it was Ministers and not the Secretary of State personally who made the orders. Importantly, there has never been any argument that there was anything other than a proper and lawful substantive basis for making the orders in the Adams case—the grounds for detention were appropriate and sound under the legislation. There can thus be no real doubt that the decisions would have been precisely the same if it had been the Secretary of State taking the decision on the same material as was before the Ministers.

We consider that, in all the circumstances, the right course is one of correction, so that the law is treated as having always been as Ministers then understood it to be. Parliament can change, and can clarify, the law as it wishes, including to correct what it perceives to be errors or unintended consequences flowing from court decisions. It can also ensure that such a change is to be taken as having always been the case—in short, applying the correction of the law retrospectively. Parliament has done so in the past precisely to correct what it considers to have been an incorrect interpretation of the law by the courts.

Clauses 89 and 90 of the Northern Ireland Troubles Bill are specifically intended to address the erroneous interpretation made in Adams regarding the application of the Carltona principle. The Carltona principle is a vital principle for Government; and it is right that it should be protected, including by dealing with what are considered to be incorrect inroads into it. These clauses put it beyond doubt that the Carltona principle applied in the context of interim custody orders, by stating that any order made by a Minister of State or Under Secretary of State is to be treated as an order of the Secretary of State.

One effect of the clauses the Government are introducing is that compensation will not be payable in the Adams case and other similar cases. That is the effect of the provision made in the new clauses that they are to be treated as always having had effect—that is designed to ensure a genuine correction of the law. We consider that that is the right decision for Parliament to make. We also consider that it is a course that is compatible with our obligations under the European convention on human rights, which we take extremely seriously. For all the reasons I have given, I have felt able to make a section19(1)(a) Human Rights Act compatibility statement to that effect, and hope that the House agrees that this is the appropriate course of action to take.

[HCWS1063]