Clause 7 - Exemption from arrest etc.
Northern Ireland (Offences) Bill
10:15 pm
Lady Hermon (North Down, UUP)
I have just a few comments to add to those of the hon. Members for Lagan Valley (Mr. Donaldson) and for Solihull.
The hon. Member for Lagan Valley is quite right to say that we are talking about exceptional powers. As for the special prosecutor, we really need to think of the Bill as a complete entity; it is difficult when we consider clauses in this way, because we have not looked to later clauses, in which the special prosecutor is mentioned, and clause 8, which refers to the special tribunal.
As I interpret clause 7, it means that when a person has been issued with a certificate of eligibility, it is then as if there is a stop. There cannot be any further police investigation, arrest, detention, entry or search—there is no indication of which premises would be entered and searched; it could mean those of friends or accomplices. The clause is so general, and its wording is not appropriate. It will make it difficult for the special prosecutor who will be appointed to take the case forward before the special tribunal that we will come to in clause 8.
Clause 7 prevents further evidence, further searches, further samplings, further DNA and further details being taken in order to bring a successful conviction against the person who may hold a certificate of eligibility but has not been convicted of anything unless they are convicted under this extraordinary scheme by the special tribunal. The wording makes it almost impossible for a special prosecutor to be successful before a special tribunal in gleaning any additional evidence through searches, samples or whatever to make sure that the individual is convicted and that those convictions are put on the licence that may be eventually given to the terrorist; it is almost like an antisocial behaviour order for terrorists.