UK Parliament / Open data

Northern Ireland Troubles (Legacy and Reconciliation) Bill

My Lords, I support the amendment in the names of the noble Lords, Lord Godson and Lord Faulks. The principal point I want to make is that this amendment is not about the justice of internment as a general principle or the justice of the internment of a particular individual. It is purely about whether an individual should receive compensation because there was found to be a glitch in the procedure in ordering the internment because the Secretary of State did not personally consider it.

As has been said, such orders were signed by Ministers acting under the authority of the Secretary of State in accordance with the very well-established Carltona principle. That was certainly something that has always been understood by the Civil Service, and the reversal of it would have quite serious consequences for government. But whether or not there was a procedural glitch, the issue in my mind is whether compensation should be paid, not for an injustice but for such an error in procedure. I submit that the Government are entitled to protect themselves from having to pay

compensation from the public purse for what is not an injustice but a procedural glitch. On those grounds, I support Amendment 154A.

About this proceeding contribution

Reference

829 cc1953-4 

Session

2022-23

Chamber / Committee

House of Lords chamber
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