Clause 3 - Certificates of eligibility
Northern Ireland (Offences) Bill
10:30 am
David Hanson (Minister of State, Northern Ireland Office; Delyn, Labour)
I could see that I was beginning to tempt the hon. Gentleman and, ever helpful, I wanted to give him the opportunity to intervene.
The test is current support. Under subsection (3), which sets out the eligibility criteria, the test is
“that he is not concerned or likely to be concerned in the commission, preparation or instigation of acts of terrorism”
and
“that the applicant does not support a specified organisation”.
It may be that an individual supported a specified organisation in the past, but in my view the test under the Bill should focus on current support. The commissioner’s task is, essentially, to make an objective judgment on whether a person is eligible. The commissioner cannot use discretion, as some hon. Members have suggested; it would be inappropriate for the commissioner to have that power. Discretion may be exercised by the Secretary of State in other circumstances because an applicant has broken all ties with a specified organisation, but the commissioner has to apply an objective test.
I know that some hon. Members, including the hon. Member for Solihull (Lorely Burt), would like a requirement to be added compelling all applicants to provide a statement or confession in respect of offences that they may have committed. I understand the reasons behind that amendment, but I emphasise the judicial element of the scheme, and the fact that it is built on due process. It would not be consistent with the process to force all or even some applicants to confess their involvement in certain offences. For the avoidance of doubt, I shall give the reasons for that.
There could be doubt about the credibility of such statements. I would be concerned about the effect on future prosecutions of confessions provided in those circumstances. I would not want a situation in which a handful of individuals came before the certification commissioner, confessed to a series of crimes and became the fall guys while the real perpetrators were not prosecuted.