Police (Northern Ireland) Bill

Part of the debate – in the House of Lords at 3:45 pm on 25 October 2000.

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Photo of Lord Rogan Lord Rogan UUP 3:45, 25 October 2000

I am grateful for that clarification. However, surely it would be much more sensible for a police officer to face the same disciplinary procedure in this case as he would in any other disciplinary matter? In other disciplinary matters, which I, for one, cannot distinguish from this one, officers up to and including the rank of superintendent are disciplined by the Chief Constable. Officers above the rank of superintendent are disciplined by the police authority and, in future, will be disciplined by the policing board. Therefore, why cannot the same be true of this disciplinary matter?

I suggest that this excessive measure, coupled with the soon-to-be-gone list, was designed to demonise perfectly lawful organisations. Fortunately, after listening to reasoned argument from Unionists both in this House and in another place, the Government have reconsidered the ridiculous list. I hope that, after listening to the arguments today, the Minister will reconsider this excessive penalty for false information. My doubts about the penalty--a criminal conviction--are founded on more than simply my belief that the regular disciplinary procedure would be infinitely more appropriate.

I believe that Clause 49(5) would fall foul of the Human Rights Act which we are all aware has only recently come into force. Article 8(1)of the European Convention on Human Rights guarantees,

"respect for the right to a private life".

Although Article 8(2) of the ECHR allows that right under Article 8(1) to be qualified, in this case for the punishment, which is the means of achieving the objective, I do not believe that that qualification would be permissible as it is the effective criminalisation of lawful organisations.

Nowhere in the Patten report was it suggested that an officer would be subject to a criminal sanction with regard to the register of interests proposed in recommendation 126. Any logical approach to this clause will repeatedly bring us to the same conclusion.

There is currently in place a disciplinary code for the police in Northern Ireland. This matter is a disciplinary matter. Therefore it should be dealt with in the same manner, before the same tribunal and with the same punishment as any other disciplinary matter. I hope that the Minister will seriously reconsider this ludicrous extension of the criminal law in Northern Ireland.