Question to the Northern Ireland Office:

To ask the Secretary of State for Northern Ireland, whether his Department plans to bring forward legislative proposals to prevent former IRA members from claiming damages from the Government, in the context of the document entitled A proposal for a Remedial Order to amend the Northern Ireland Troubles (Legacy and Reconciliation Act) 2023, published on 4 December 2024.

I refer to the answer given last week to the Honourable Member for Stockton North (UIN 63126). The main issue here is the application of the Carltona principle in the context of ICOs. The previous Government’s attempt to address this following the 2020 Supreme Court judgment in Adams has been found by the Northern Ireland courts to be unlawful and we need to find a better way of reaffirming this principle.

The Government will therefore legislate to address this issue in forthcoming primary legislation.