In 2020, the Supreme Court allowed Gerry Adams’s appeal against his conviction, in 1975, for attempting to escape from lawful custody. The judgment was a bad mistake and opened the door for Gerry Adams and others wrongly to sue for compensation for their detention. The judgment also undermined the application of the Carltona principle, which is foundational to modern government. This paper considers an amendment to the Northern Ireland Troubles (Legacy and Reconciliation) Bill that promises to reverse the wider legal effects of the Supreme Court’s judgment. The paper, which is supported by leading peers, outlines the background to the amendment, makes the case for its enactment, and anticipates and answers two objections that might be raised against it.
