Question to the Northern Ireland Office:
To ask His Majesty's Government how they assess clauses 89 and 90 of the Northern Ireland Troubles Bill to be compatible with the European Convention on Human Rights, in light of sections 46 and 47 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 being found incompatible by the Northern Ireland High Court in Dillon and others.
The High Court found the provisions which concerned Interim Custody Orders in sections 46 and 47 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 to be incompatible with our obligations under the European Convention on Human Rights.
As set out in the written ministerial statement [HCWS1063] made by the Secretary of State for Northern Ireland on 18 November 2025, we have carefully considered the High Court ruling and have tabled an alternative approach with clauses 89 and 90 to address the erroneous interpretation made in Adams regarding the application of the Carltona principle.