Clause 41
Justice and Security (Northern Ireland) Bill
3:30 pm
Lady Hermon (North Down, UUP)
You are, as ever, Sir Nicholas, very gracious in allowing hon. Members to participate in stand part debates. Regarding the interpretation section in clause 41, and picking up on the Minister’s point about records, I am unhappy that this is a limited clause. Earlier on in our discussion on clauses 26 and 27, it was brought to the Committee’s attention that members of Her Majesty’s forces could seize documents or records during a search. However, the definition and interpretation in clause 41 are unclear as to whether a record includes computer documents. That was alluded to by the Minister in response to an intervention.
It would be helpful if “record” were defined in the interpretation, particularly in light of clause 27, which we did not discuss. If Committee members turn to that clause, they will see that multiple use of the word “record” creates confusion. Not only does clause 27(1) state that there is a document or record, but clause 27(1)(b) states that whoever examines it also has to make a written record of the document or record.
Clause 27(2) requires that the record describe all sorts of things. We have no idea, apart from the sense of the clause, which record we are talking about. Therefore, it is constructive to suggest to the Minister and his valiant assistants—who do listen to helpful suggestions in Committee—that, rather than clause 41 standing part unamended, it would be beneficial to include “record” as defined.