Part of the debate – in the House of Commons am 12:00 am ar 21 Mawrth 1979.
The point is that when I look at this, whether it is for extension or for exclusion, I see all the evidence that is available. All the evidence is given to the advisers. That is the way it is done. That is the only way in which it can be done, because I am advised by the advisers. However, if my hon. Friend has a particular point, I shall willingly look at it.
I turn to Lord Shackleton's report. Hon. Members will recall that during the discussion on the renewal of this Act in 1977, I said that I would consider ways in which we might look at the operation of the Act to see how it was working in practice. In December 1977, I announced that I had appointed Lord Shackleton to conduct this review with the following terms of reference—and it is important that the terms of reference are recalled:
Accepting the continuing need for legislation against terrorism, to assess the operation of the Prevention of Terrorism (Temporary Provisions) Acts 1974 and 1976, with particular regard to the effectiveness of this legislation and its effect on the liberties of the subject, and to report.
I should like to express my thanks to Lord Shackleton and to pay tribute to him for his hard work in producing a most fair and comprehensive report. I know that he visited all parts of the country and looked at police cells. He did a most comprehensive job on behalf of this House.
In his report, which was published last August, Lord Shackleton discusses in detail each of the powers in the Act and comes to the general conclusion that while the threat from terrorism continues, the powers in the Act, subject to certain amendments that he proposes, cannot be dispensed with. That is a view that I share. Lord Shackleton made a number of recommendations aimed primarily at ameliorating the effects that the Act has on civil liberties. I can inform the House that I can accept almost all of his recommendations. I should like to deal with them.
I turn first to the recommendation in relation to section 11. This is the recommendation that I have not been able to accept. Section 11 makes it an offence to withhold information about acts of terrorism, and the recommendation is that it should be allowed to lapse. Lord Shackleton was unhappy about the implications of this section, which he described as having
and unpleasant ring about it in terms of civil liberties ".
He pointed out that the section had been little used in Great Britain, perhaps because of the difficulties of proof, and that it might be used to bring pressure to bear on a person in detention.
The House will recall that section 11 was included in the 1976 Act as a result of an amendment tabled by my hon. Friend the Member for Islington, South and Finsbury (Mr. Cunningham). The arguments for and against the provision were finely balanced, but after a thorough debate my predecessor and the House were persuaded that its inclusion was right and necessary.
I have given careful consideration to the question of section 11, in the light of Lord Shackleton's recommendations, but I have also considered very carefully what was said in this House and the way in which section 11 appeared on the statute book. It did not come originally from the Home Office. In my considered view, it is too early to make a final judgment in regard to this section, particularly since the police have used it in their complex investigations into the recent bombing incidents. I am convinced that in the face of a renewed campaign in this country it would be wrong now to deprive them of this power.
If the Act is renewed for a further 12 months, the Government will look again at section 11 in a year's time. What influenced me was the way in which this section got on to the statute book. Of course, I took into account what Lord Shackleton said, but I also had to take into account the fact that this section has been of the greatest importance in recent bombing events. As Home Secretary, I could not ignore that, whatever was said about it in the Shackleton report.