My Lords, I join the noble Lord, Lord Faulks, in welcoming the amendment put forward by my noble friend the Minister that reverses the effects of R v Adams, thus restoring the Carltona principle and stopping compensation wrongly being paid for what was an entirely lawful action by my noble friend Lord Howell of Guildford. I also join in the tributes paid earlier to Lord Brown of Eaton-under-Heywood, who retired from this House a fortnight ago and was one of the most formidable critics of the Supreme Court’s judgment in that case, thus showing his own remarkable independence of mind, which was characteristic of his career here and on the Bench.
There has been much objection in this House to the Bill’s immunity provisions, as if they were somehow unique and unprecedented. However, immunity has
already been widely granted to terrorists, such as the early release for prisoners, which was a key element of the Belfast/Good Friday agreement, implemented by the Northern Ireland (Sentences) Act 1998. There were also 187 comfort letters issued to those on-the-runs between 2000 and 2014. The issuing of these letters was further pressed on Tony Blair as Prime Minister by Bertie Ahern as Taoiseach in December 1999, along with the cessation of extradition requests.
There has also been widespread use of royal pardons: 418 were issued in Northern Ireland between 1979 and 2002, including many for convicted terrorists. The Northern Ireland (Offences) Bill of November 2005 further sought to fulfil commitments made by the British and Irish Governments in 2003, with its offer of judicially based immunity for offences committed before 10 April 1998—that is, the Belfast/Good Friday agreement.
These are all extraordinary departures from the normal rules of law. Privately, Tony Blair admitted to Members of this House that they had ripped up the criminal justice system in Northern Ireland. This was not just for terrorists but for security force personnel as well, which is why the investigation into Bloody Sunday was an inquiry led by a judge, not a criminal investigation led by the police.
This Bill seeks to implement a legacy programme that is even-handed and counters the relentless tide of anti-state revisionists and revisionism. That is why I believe it deserves our support.