Codes of Practice: Police Powers

Part of Orders of the Day — Northern Ireland (Emergency Provisions) Bill – in the House of Commons at 6:15 pm on 20 June 1991.

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Photo of Dr Brian Mawhinney Dr Brian Mawhinney The Minister of State, Northern Ireland Office 6:15, 20 June 1991

With the permission of the House, I will speak again.

I thank the hon. Member for Kingston upon Hull, North (Mr. McNamara) for welcoming the amendment. The Government are not currently convinced of the case for making codes of practice in connection with the exercise by the police and armed forces of the emergency powers conferred by part II of the Bill. However, we shall be updating the guide to the emergency powers and will keep the case under review. The hon. Gentleman knows from our exchanges in Committee and on Report that when I say that we will keep the matter under review, that is not just a form of words.

The hon. Member for Newry and Armagh (Mr. Mallon) has misunderstood the difference between mandatory and statutory. The code of practice will be statutory. The Bill would impose a mandatory requirement on the Secretary of State to make such a code.

Both hon. Gentlemen mentioned a number of points about our thinking concerning a commissioner. Though valid points, I cannot respond to them today, for obvious reasons. As I said, we are still at the formative stage of our thinking, but I undertake to draw the attention of my noble Friend to the comments of both hon. Gentlemen, although I must tell the hon. Member for Kingston upon Hull, North that I doubt whether we shall be able to conclude our thinking and consultations on the issue before the summer recess.