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Northern Ireland rarely makes headlines in Britain; the ongoing threat of paramilitaries, the shocking levels of violence against women, the victims of the Troubles and their families being dragged through the courts by the Government — all barely warrant a whisper.
But the mere suggestion that former Sinn Féin president Gerry Adams may be entitled to compensation for being unlawfully detained during the Troubles? Front page news.
There was a singular focus on Adams in relation to a proposed amendment of the UK’s controversial Legacy Act regarding Troubles compensation, but the changes have little to do with the former Sinn Féin leader.
Labour has to amend a restriction set into law by the Conservatives that has been deemed incompatible with the European Convention on Human Rights (ECHR).
If changed, Adams is among 400 people who could be eligible to claim compensation for having been unlawfully incarcerated in the 1970s.
The Supreme Court ruled in 2020 that interim custody orders (ICOs) following internment were unlawful as they had not been considered personally by the Secretary of State.
The Conservatives attempted to override this decision with a clause in the Legacy Act that blocked Adams and others from seeking compensation for their incarnation and have left Labour with a legal mess that will require remedial action.
The furore around Adams received widespread political attention, with Conservative leader Kemi Badenoch branding the possibility “shameful”, and Prime Minister Keir Starmer yielding that he will seek “every conceivable way” to prevent Adams from receiving his compensation.
This was a misstep from Starmer; allowing critics to frame the debate around Adams will inevitably cause political damage later if the Government is forced to concede the absence of a legal basis to do so.
One might have expected, given this rare return of focus on Northern Ireland’s conflict, that another Troubles-related case moving through the courts during the same week would break through the Irish sea border of reportage; an 87-year-old widow, Bridie Brown, seeking justice for her murdered husband being forced back to court by the UK Government. No front pages or prime time radio programs dedicated to this injustice.
We are expected to be outraged by the possibility of Adams receiving the undoubtedly minimal compensation he could be legally entitled to, but not at the trauma being inflicted on a civilian who has spent almost three decades in a protracted legal process trying to access some semblance of truth as to why her husband was murdered, and by whom.
The obstruction, collusion, and complete political failure to address the legacy of Northern Ireland’s conflict is a blight on the peace process; how can we consider the Good Friday Agreement to be a success when citizens are spending decades and all their remaining years struggling for even a modicum of truth and justice?
In 1997, 61-year-old Sean Brown was abducted while closing the gates to a GAA club in Bellaghy. The father of six was forced into the boot of his car and driven to an isolated road 16.5kms away where he was dragged from the back and shot to death. His partially burned body was discovered beside the scorched remains of his burnt-out car. Brown had six bullet wounds in his head. No one has been convicted of his murder.
A 2004 police ombudsman report interrogating the investigation into Brown’s murder found that several key files were missing and that “no earnest effort was made to identify those who had carried out the murder”.
After 26 years, the family was finally granted an inquest. The hearing was subsequently halted in 2024 after the coroner stated that he could not proceed due to material being withheld on the grounds of national security. Mr Justice Patrick Kinney revealed that more than 25 people, including State agents, have been linked to the murder by intelligence material.
The coroner heavily criticised State parties, calling the delays to the disclosure process “deplorable”. He later wrote to the Secretary of State for Northern Ireland requesting a public inquiry into the Brown murder, a request that was supported by PSNI Chief Constable Jon Boucher. The UK government refused.
In December, the High Court ruled that the UK Government was in breach of its Article 2 obligations under the ECHR in relation to the Brown case, wherein the judge ordered the Secretary of State Hilary Benn to open a public inquiry. On New Years Eve the government instead lodged an appeal against the order.
The Sean Brown family were back in court last week. As morning programs fixed their attention on Adams, the Brown family were making their 57th court appearance.
Bridie, Brown’s widow, is 87-years-old. She was joined by her children and grandchildren in the courtroom, political representatives including the First Minister walked with the family to court.
Brown’s son, Damian, had been a permanent fixture at these hearings, he spent half of his life in court and left every session disappointed. He died in 2021.