Northern Ireland in the 1970s - internment declared unlawful
Discussion
"Old, unhappy, far off things, and battles long ago ..."
Disclosure under the thirty year rule of a legal opinion given by Brian Hutton QC (later Lord Hutton, yes, that Lord Hutton) in 1974 led Gerry Adams recently to challenge the legality of his detention under the 1972 internment regime implemented by the then Conservative Government in response to the Northern Ireland troubles, then at a high point.
The Supreme Court has held that the internment was unlawful, because the order empowering internment was not properly made.
Adams and others (IRA and Loyalist, because hard men from both sides were interned) will now be able to seek damages for unlawful imprisonment.
This may displease many, but the principle that the Government cannot deprive a person of his or her liberty without lawful authority is super important.
https://www.supremecourt.uk/cases/docs/uksc-2018-0...
https://www.supremecourt.uk/cases/uksc-2018-0104.h...
This has some additional topicality, because there is an argument that the curbs on civil liberties made by the Regulations that implement the Covid 19 lockdown are unlawful. The argument is that the Regs have been made under the wrong primary Act, and go beyond the powers granted to the Health Secretary in the Act relied on (which dates from 1984 but was materially amended in 2008).
EDITED - Schoolboy error to put Labour in power in 72 when it was of course a Tory Gov at that time - Labour got back in in 74. Thanks to the splendidly handled Roderick Spode for pointing out this gaffe.
Disclosure under the thirty year rule of a legal opinion given by Brian Hutton QC (later Lord Hutton, yes, that Lord Hutton) in 1974 led Gerry Adams recently to challenge the legality of his detention under the 1972 internment regime implemented by the then Conservative Government in response to the Northern Ireland troubles, then at a high point.
The Supreme Court has held that the internment was unlawful, because the order empowering internment was not properly made.
Adams and others (IRA and Loyalist, because hard men from both sides were interned) will now be able to seek damages for unlawful imprisonment.
This may displease many, but the principle that the Government cannot deprive a person of his or her liberty without lawful authority is super important.
https://www.supremecourt.uk/cases/docs/uksc-2018-0...
https://www.supremecourt.uk/cases/uksc-2018-0104.h...
This has some additional topicality, because there is an argument that the curbs on civil liberties made by the Regulations that implement the Covid 19 lockdown are unlawful. The argument is that the Regs have been made under the wrong primary Act, and go beyond the powers granted to the Health Secretary in the Act relied on (which dates from 1984 but was materially amended in 2008).
EDITED - Schoolboy error to put Labour in power in 72 when it was of course a Tory Gov at that time - Labour got back in in 74. Thanks to the splendidly handled Roderick Spode for pointing out this gaffe.
Edited by anonymous-user on Wednesday 13th May 12:58
Breadvan72 said:
This may displease many, but the principle that the Government cannot deprive a person of his or her liberty without lawful authority is super important..
Could not agree more. It is the foundation of any decent, civil society.But it will displease many who would consider that the internment was morally justified regardless of whether the technical aspects of the legal process were followed or not. Of course they have to be but selling that to the wider population and taking compensation from the public purse to apologise to someone many see still as a terrorist for something that 'should' have happened to him is a very difficult ask.
Be interesting to see where this goes.
Internment was super controversial at the time and arguably an own goal as it fuelled support for the terrorists on both sides. We tried a variant of it again after 9 11 and 7 7, and that did not go well.
Bad people have to be given rights, as well as good people. Otherwise we might as well Jack it all in.
Bad people have to be given rights, as well as good people. Otherwise we might as well Jack it all in.
The Thatcher and Major Governments eventually defeated the terrorists by a combination of cross border co-operation with Dublin, Diplock Courts, the "Big Boys' Rules" campaign of special forces action (with cross border elements involving Irish forces), and UK and EU funded investment in Ulster. People do not fight so much when they are not poor.
Blair finished the job with Good Friday (but tragically the two sides were allowed to maintain sectarian primary education - a time bomb). To be fair to Adams and McGuinness, both former active terrorists, they came to the table.
Blair finished the job with Good Friday (but tragically the two sides were allowed to maintain sectarian primary education - a time bomb). To be fair to Adams and McGuinness, both former active terrorists, they came to the table.
Edited by anonymous-user on Wednesday 13th May 10:57
Breadvan72 said:
1972 internment regime implemented by the then Labour Government in response to the Northern Ireland troubles, then at a high point.
A minor point, but in '72 it was the Conservative government under Ted Heath.Anyway, old Gerry doesn't remember any of the 1970s, and he was definitely never in the RA...
"They haven't gone away you know."
Roderick Spode said:
Breadvan72 said:
1972 internment regime implemented by the then Labour Government in response to the Northern Ireland troubles, then at a high point.
A minor point, but in '72 it was the Conservative government under Ted Heath.Anyway, old Gerry doesn't remember any of the 1970s, and he was definitely never in the RA...
"They haven't gone away you know."
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