Clause 7 - Exemption from arrest etc.

Part of Northern Ireland (Offences) Bill – in a Public Bill Committee at 10:30 am on 13 December 2005.

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Photo of Mark Durkan Mark Durkan Leader of the Social Democratic & Labour Party 10:30, 13 December 2005

The hon. Gentleman is right, because the provision freezes the police’s powers and duty to investigate in respect of any offence that comes under the provisions of the Bill. That includes any offence carried out not just by republican paramilitaries but by loyalist paramilitaries and people acting on behalf of the state to one degree or another. That frustrates the prospect of justice, and not only for families who have   been given some hope because the historic inquiries team is investigating their case, has established appropriate relationships with them, is following leads and publicly soliciting information and evidence through TV programmes. The clause will also frustrate any prospect of justice for those who campaign for or who have been granted public inquiries. That is another reason to oppose the Bill, and, in particular, this clause.

Nobody is suggesting that some people, simply because they have certificates of eligibility, should be subject to disproportionate investigation by the police. The fact remains, however, that the police must be free to investigate where necessary. That is why we would prefer to see clause 7 deleted from the Bill, and why we shall support some of the amendments. We shall not, however, support amendment No. 19.