Clause 12 - Transfer of prisoners
Justice (Northern Ireland) Bill [Lords]
11:15 am
Mr Desmond Swayne (New Forest West, Conservative)
I am not sure that that distinction is wholly valid. I accept that there is a measure of discretion, and obviously the safety of individuals is involved, but I suggest that that was not the opinion of the Select Committee. In paragraph 80 of its second report, it said:
''We believe that the proposal to transfer prisoners to other jurisdictions as a sanction of last resort is very dangerous, and could easily be manipulated by the paramilitaries in their campaign to undermine the Northern Ireland Prison Service and, ultimately, the British Government. We caution against its use in the strongest possible terms.''
That language and the discussion that led to that conclusion makes it clear that the Select Committee feared that the scheme would be used as a sanction of last resort. It is precisely because of that conclusion
and its huge reservation about the matter that I tabled the amendment asking for the Government to provide a report of the number of and the reasons for which those transfers have been made. If the situation is as the Minister says—this is a question of good order—I cannot see why he would want to resist the amendment. It is a probing amendment and I am interested to hear the Minister's logic and an exposition of precisely how the power will be used and how the Government would react to the manipulation by paramilitaries in their campaign to undermine the Prison Service of Northern Ireland, which the Select Committee draws attention to.