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Written question asked by Chris McDonald (Labour) on Thursday, 26 June 2025, in the House of Commons. It was due for an answer on Tuesday, 1 July 2025 (named day). It was answered by Hilary Benn (Labour) on Tuesday, 1 July 2025 on behalf of the Northern Ireland Office.

Terrorism: Northern Ireland

Question

To ask the Secretary of State for Northern Ireland, with reference to his oral contribution of 26 February 2025, Official Report, column 765 and the judgment in R v Adams (Appellant) (Northern Ireland) [2020] UKSC 19, what steps he is taking to address the issue of interim custody orders that were not signed by his predecessor.

Answer

The main issue here is the application of the Carltona principle in the context of ICOs. The previous Government’s attempt to address this following the 2020 Supreme Court judgment in Adams has been found by the Northern Ireland courts to be unlawful and we need to find a better way of reaffirming this principle.

The Government will therefore legislate to address this issue in forthcoming primary legislation.

Secondary information

Type
Written question
Reference
63126
Session
2024-26
Related items
Subjects
Northern Ireland Terrorism
Link
View this Written question on www.parliament.uk