Criminal Evidence (Northern Ireland)

Part of the debate – in the House of Commons at 6:50 pm on 8 November 1988.

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Photo of Sir Nicholas Lyell Sir Nicholas Lyell Solicitor General (Law Officers) 6:50, 8 November 1988

In the short time available, I shall seek to answer some of the points raised in the debate and to correct some of the deeply misplaced and, at times, hysterical criticisms that have been made, particularly by the hon. Member for Kingston upon Hull, North (Mr. McNamara) and, I am sorry to say, the hon. Member for Caithness and Sutherland (Mr. Maclennan).

The right hon. and learned Member for Warley, West (Mr. Archer) asked whether, under article 3, someone who brought forward for the first time at trial some facts or explanation which he might have been expected to produce earlier could be convicted on that alone. It is important for the House to know that, under article 2(4) of the order, A person shall not be committed for trial, have a case to answer or be convicted of an offence solely on an inference drawn from such a failure or refusal as is mentioned in the articles referred to.

My hon. Friends have raised the question of the caution. As they will know, the matter of the caution, until the Police and Criminal Evidence Act 1984 and the codes of practice, was always a matter for the judges. The Lord Chief Justice and the judiciary of Northern Ireland are considering, at the request of the Government, the appropriate procedures that will have to be followed by the police when questioning suspects if Parliament approves the order.

That advice will be issued to the Royal Ulster Constabulary as an amended version of the present judge's rules, which apply in Northern Ireland, or as administrative guidance to the police pending replacement of the judge's rules by a code of practice under the provisions of the forthcoming police and criminal evidence order, which is being laid and is currently in draft for consultation in Northern Ireland. There will be an opportunity for the House to scrutinise it in the context of that procedure.

The hon. Members for Kingston upon Hull, North and for Sheffield, Attercliffe (Mr. Duffy) mentioned tape recording. The reasons why the tape recording of suspects in terrorist cases cannot be made known to the outside world must be clear to anyone who considers the matter. The House should remember that there is the safeguard that all interrogation of terrorist suspects in Northern Ireland is carried out in one of three holding centres under closed circuit television surveillance by uniformed police officers. That safeguard applies to every such suspect.