Clause 7 - Exemption from arrest etc.

Part of Northern Ireland (Offences) Bill – in a Public Bill Committee at 10:45 pm on 13 December 2005.

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Photo of David Hanson David Hanson The Minister of State, Northern Ireland Office 10:45, 13 December 2005

The clause will benefit individuals who have not yet been charged, because of their suspected offences, or who would have been arrested for offences but for the fact that they were outside the United Kingdom. Again, it does not impact those who are involved through the historic inquiry team because, returning to the certificate of eligibility aspect, individuals who can join the scheme because they are potentially being charged under that team’s work cannot avail themselves of the provisions of clause 7 until such time as they have been charged. The very fact that they have been charged means that the police will not necessarily need to investigate them further by taking samples, or using other aspects of the scheme.

The answer to the hon. Lady’s question is therefore yes, but the purpose of the scheme is to ensure that we get individuals back to face the special tribunal while the eligibility criteria elsewhere mean that the historic inquiry team will not be hampered by the clause 7 provisions.

I was questioned, on a fine BBC programme, about the comments of Paul Leighton, the Deputy Chief Constable, at the Policing Board that the hon. Member for East Antrim attended last week. Following questions from that hon. Gentleman, the Deputy Chief Constable made some comments on this matter. I hope that I can clarify, both for the hon. Gentleman and for the Deputy Chief Constable, that nothing in the clause will hamper or hinder the progress of the historic inquiries team, which has a mandate to investigate unsolved crimes.

We all want the individuals who have been responsible for those crimes to be identified, we want the victims to know, if possible, what has happened to their loved ones, and ultimately, if evidence can be produced, we want individuals to be charged with those offences. At the moment that they are charged  they can, under the eligibility criteria, apply for admission to the scheme. That is the stage for the exemptions, and they would not hinder investigations by the police, who would already have charged individuals under the historic inquiries team.

I accept that there is a difference of opinion in the Committee. Once individuals have been charged under the historic inquiries team and have applied for their certificate, they will progress to the special tribunal. If found guilty, they will be convicted and, if convicted, released on licence—but they will still have been charged under that scheme. I hope that that is of some assistance to the hon. Lady.