Part of the debate – in the House of Commons am 12:00 am ar 21 Mawrth 1979.
I beg to move,
That this House takes note of the Shackleton Report on the Review of the Operation of the Prevention of Terrorism (Temporary Provisions) Acts 1974 and 1976.
I understand from what you have just said, Mr. Speaker, that the House is to discuss at the same time the following motion:
That the draft Prevention of Terrorism (Temporary Provisions) Act 1976 (Continuance) Order 1979, which was laid before this House on 19th February, be approved.
I propose to begin by giving an account of the use that has been made of the legislation, since this will provide a basis for our consideration both of Lord Shackleton's report and of the draft continuance order.
Under the provisions of part II of the 1976 Act, exclusion orders give me power to remove people from Great Britain or, if they are not citizens of the United Kingdom or colonies, from the United Kingdom as a whole. However, I may exercise this power only if I am satisfied that those people are, or have been, concerned in the commission, preparation or instigation of acts of terrorism, or are attempting, or may attempt, to enter the country for that purpose.
This is, rightly, a stringent test, and no decision to use this power is taken lightly. Every case that is put forward by the police is very carefully examined and submitted to me personally. Only when I am satisfied that the strict criteria laid down in the Act have been met am I prepared to authorise exclusion.
Up to 28 February 1979, 166 exclusion orders had been made since the prevention of terrorism legislation came into force in 1974. This figure includes 47 orders that have been made since 1 March last year. I should also mention that 23 applications for exclusion orders have been refused since the 1974 Act came into force. The Act—quite rightly—provides that a person against whom an exclusion order has been made may, within four days, make representations against that order. The case is then considered by an independent adviser, who studies all the relevent information and submits a report to me.
During the past year representations were made by four people. In each case I decided, after carefully reweighing the facts, to confirm the order. The total number of people who have made representations against exclusion orders in accordance with the Act is now 26. In seven of those cases the outcome has been the revocation of the orders.
During the past year I have also revoked an exclusion order made in 1975, following representations made out of time by the excluded person and by others on his behalf. In addition, four orders have been revoked for other reasons—for example, because the person concerned was subsequently charged in this country.
Up to 28 February 1979, 150 people had been removed under the powers contained in this legislation, including 46 since 1 March last year. Of these, a total of 123 had been removed to Northern Ireland and 27 to the Republic of Ireland. The figures since 1 March last year are 43 and three respectively.
The task of considering representations made against exclusion orders under section 7 of the Act falls to the two advisers whom I have appointed—Lord Alport and Mr. John Newey, QC, who replaced the Honourable Mr. Justice Waterhouse, following the latter's appointment as a High Court judge. I take this opportunity to record my gratitude to all three people for the work that they have done and for the advice that they have given to me.
I turn now to the use that has been made of the powers of detention under the Act. Section 12 gives the police the power to arrest without warrant, and to detain, a person whom they reasonably suspect has committed an offence under the Act or is involved in acts of terrorism. They may detain such a person, on the authority that the Act gives them, for up to 48 hours. On application, I can extend that period for up to a further five days.
Up to 28 February 1979, the police had detained 1,117 people under these powers since they were introduced—238 since 1 March last year—and an extension of detention has been granted in 379 cases—102 since 1 March last year. This includes 58 people in respect of whom my right hon. Friend the Secretary of State for Scotland had authorised extensions of detention—54 since 1 March last year.
The police also have power under the Act to impose controls on those entering or leaving Great Britain.