Clause 7 - Exemption from arrest etc.
Northern Ireland (Offences) Bill
10:45 pm
Jeffrey M Donaldson (Lagan Valley, DUP)
I note that the Minister has made an effort to clarify the confusion arising from the application of the clause. I understood him to say that if the cold case review team suspects that a member of a paramilitary organisation may have been involved in, for example, a murder, it can, notwithstanding the Bill when it is enacted, arrest that individual, interrogate them, take fingerprint samples and so on. Only when they charge that individual can the individual apply for a certificate of eligibility.
The hon. Member for North Down is correct to say that in the main, the provision applies to those who are on the run and outside the jurisdiction. Notwithstanding that, we still believe that the basis for our amendments, which aim to uphold the right of the police to hold a proper investigation, is crucial. If the Government do not want to give the impression that the provision is an amnesty for on-the-runs, they must ensure that the investigatory powers of the police are sufficient to ensure that prosecutions can be brought through the special tribunal, and that the special prosecutor has some evidence to present to the tribunal to secure those prosecutions.
It is difficult to see how the police can gather evidence to present to the tribunal and the special prosecutor to secure a conviction when they cannot arrest or detain the suspect, cannot enter or search the suspect’s premises or other premises, cannot remand the suspect in custody or on bail, and have no power to take fingerprints or samples. It means that they do not have the capacity to check whether the suspect might have been involved in other crimes. For those reasons, and because we are anxious to ensure that the provision does not amount to an amnesty for those who are on the run and want to evade the judicial process, we shall press the amendment to a Division.