The sister of a woman killed in the Birmingham pub bombings 50 years ago has described the British government’s Legacy Act as a “devious smokescreen”.
Julie Hambleton was speaking after a think tank linked to the Conservative Party criticised plans by the Labour government to repeal controversial legislation that had halted civil cases in the north.
The comments came after Tory-linked think tank Policy Exchange published a paper suggesting former Sinn Féin president Gerry Adams is in line for “a pay day from the taxpayer”.
Policy Exchange was set up by Conservative Party members, including two MPs, in 2002.
Jonathan Caine, also known as Lord Caine, has attached his name to the Policy Exchange document’s foreword.
The former Northern Ireland Office minister is generally viewed as the architect of the Legacy Act, which is bitterly opposed across the political divide in the north.
Under the act, which ended civil cases, those interned without trial in the 1970s are blocked from claiming compensation for unlawful detention.
The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which came into force last May, also halted all inquests and introduced conditional immunity.
Since then, responsibility for all Troubles investigations has passed to the Independent Commission for Reconciliation and Information Recovery (ICRIR).
Many impacted by the Troubles are strongly opposed to the commission, believing it to be part of British government attempts to protect state participants from accountability.
The Court of Appeal in Belfast has found that a British government veto over sensitive material that can be disclosed by the commission to relatives of the dead is not compatible with human rights laws.
The new Labour Government has said it intends to repeal and replace the act, although the ICRIR will be retained.
In a statement before Christmas, Secretary of State Hilary Benn said he intends to introduce a remedial order, which amends exiting legislation, to remove all provision relating to immunity and that future civil proceedings will be allowed to proceed.
Ms Hambleton’s sister Maxine was one of 21 people killed in the Birmingham blasts more than 50 years ago.
She and other members of the Justice for the 21 campaign group continue to call for a public inquiry into the deadly attacks.
“The Legacy Act is not about criminal prosecutions against former members the British security forces,” she said.
“It was implemented to protect collusion between British security services and all paramilitaries especially the IRA, as a devious smoke screen.”
Ms Hambleton said that while there have been thematic investigations into loyalist collusion “there has never been any thematic investigation into collusion between IRA-agents of the state involved in killing innocent civilians, including members of the security forces”.
“Justice for the 21 are totally against the Legacy Act and do not know anyone, from any side of the Troubles, who supports this obscene piece of legislation,” Ms Hambleton said.
Former Prime Minister Boris Johnson previously claimed the disputed Legacy Act is aimed at ending “vexatious prosecutions” of former British soldiers.
“Let us consider the actual evidence - how many soldiers have actually been prosecuted in comparison to how many IRA murderers have been prosecuted?” she added.
Ms Hambleton’s solicitor Kevin Winters, of KRW Law, disagreed with the new report adding the Adams reference is an “attack on the pending reopening of all stayed civil cases, not just the internment actions”.
“Specifically, it confirms again my view that the real target of the legacy act wasn’t the prospect of criminal prosecutions against ex security forces, it was and remains civil actions,” he said.
“That’s where the state has the least capacity to control and oversee.
“And here it is again - a barely veiled disinformation ploy to try and influence the pending repeal of the legacy act by fixating on Gerry Adams to the exclusion of over 100 civil cases in this office alone.”
A government spokesperson said: “We must never forget those who lost their lives as a result of the Troubles.
“The Legacy Act included a scheme that provided immunity from prosecution, including for those who committed the most appalling terrorist crimes. It caused immense pain amongst many victims and survivors, and in many respects has been found to be unlawful.
“We are repealing these unlawful provisions and actively engaging with interested parties to find a way forward.”
