Justice (Northern Ireland) Bill [Lords]
2:30 pm

Photo of Mr Desmond Swayne

Mr Desmond Swayne (New Forest West, Conservative)

Before the Committee adjourned this morning, I was drawing my remarks to a close. The Minister gave us the benefit of a description of a situation in which the power under clause 12 to transfer prisoners would be most useful. He described a prisoner who had not been convicted of a misdemeanour but who was clearly the ringleader and was involved in planning and directing others. He said that, for the good order of the prison, that person would best be removed.

However, the Select Committee on Northern Ireland Affairs, some of whose members are present and may cast further light on their deliberations, had fears about precisely such a course of action, which prompted its recommendation. The person described is precisely the sort of person for whom there might be a great deal of support were the proposed action taken, and agitation might result. That is the key issue. My understanding of the Select Committee report is that, if a ringleader was identified in that way and transferred out of the prison, it would lead to agitation that could set the whole prison alight, as it were, whether through a dirty protest, a hunger strike or

whatever. It was for that reason that the Select Committee advised such caution.

I understand the problems associated with the issue, but I hope that the Minister will take the opportunity to place on record the Government's commitment to the sanction and indicate with what caution or robustness they would use it in such circumstances. I hope that we will at least get on the record some indication of their appreciation of the Select Committee's concern.

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