Clause 24
Justice and Security (Northern Ireland) Bill
2:30 pm

Photo of Lady Hermon

Lady Hermon (North Down, UUP)

I do not think that I have ever heard the hon. Member for Montgomeryshire be so brief, concise and controversial all at once.

Sir Nicholas, it is generous of you to allow time for Committee members to make points on each of the clauses in stand part debates. My point is small and relates to the drafting of clause 24(1), which states:

“A member of Her Majesty’s forces on duty who reasonably believes that a person is unlawfully detained in such circumstances that his life is in danger may enter and search any premises for the purpose of ascertaining whether the person is detained there.”

I stress that the words “a person” are used twice in clause 24. It is unfortunate that the opening words of subsection (2) are, “A person”. That is confusing because it implies, wrongly, that that person is somebody other than a member of Her Majesty’s forces. For the purposes of complete clarity and the  understanding of the clause, it would be helpful if the opening words of subsection (2) were also “A member of Her Majesty’s forces”, rather than “A person”. It is a minor point, but it would assist understanding of the clause.

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