Prevention of Terrorism Debate (MR. Speaker's Ruling)

Part of the debate – in the House of Commons am 12:00 am ar 21 Mawrth 1979.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr Merlyn Rees Mr Merlyn Rees , Leeds South 12:00, 21 Mawrth 1979

My hon. Friend has much greater expertise than I as to how this should be done. It will go on the record in the Home Office, and also in the House, that this was something that was introduced by the House. I should certainly do what I could to see whether discussions could take place before such a proposal appeared.

Two of Lord Shackleton's recommendations require an amendment to the supplemental temporary provisions order. The first is his recommendation that article 10(1)(b) should be dropped. This would limit the total period of detention under the Act at a port to seven days. I accept this recommendation. The power to detain for a longer period has in any case been used only once, but that is not the argument by itself. What happens at the ports should be on all fours with what happens in the country as a whole.

The second recommendation is that article 10(1) should be amended so as to limit the power of the police to detain at ports on their own authority for a period of 48 hours. I accept this recommendation. This will bring police powers to detain people at ports into line with their powers inland. If they wish to detain someone at a port for more than 48 hours, they will have to make application for an extension of detention to me or, in Scotland, to my right hon. Friend. It is right that this should be done, because there is no difference between what happens at the ports and what happens inland. That is one of the benefits of doing what I suggested last year.

If it is accepted that there is a need for legislation, every so often it is worth while having a thorough investigation to see whether the original ideas are being applied in the way that we thought. Alternatively, it may be that we ignored certain factors in the first instance.

Consequently, I have made an amendment order implementing both of these recommendations, and that order is at present before the House. It will come into effect on 18 April. My right hon. Friend the Secretary of State for Northern Ireland has made a similar order in regard to Northern Ireland.

One of Lord Shackleton's objectives was to find ways of alleviating some of the hardship that the Act undoubtedly causes. With this in mind he recommended that consideration be given to a review of exclusion orders to see whether any might safely be revoked. I accept that recommendation.

I carefully consider each application for an exclusion order. Nevertheless, it is possible that over a period a person who has been excluded may dissociate himself from terrorist activities. It is right that such a person should have the opportunity to have his exclusion reconsidered. I propose, therefore, to institute a system for reviewing exclusion orders. The aim will be to review each order three years after it has been made.

Hon. Members will appreciate that as it is now nearly five years since the first exclusion order was made, in November 1974, orders that are already three years old or more may take a little time to work through, and there may be a delay before it is possible to achieve a regular three-year review. We shall work through them as quickly as we can. Thereafter, the arrangement will be that three years after exclusion the person concerned will be told of his right to have his case reviewed. The police will be asked to reconsider the case and to assess whether the person concerned still represents a threat. I shall then study all the papers and decide whether the order should be revoked.

If we do not know a current address, the excluded person will have to apply to have his case reviewed without the benefit of a reminder from the Home Office, but I shall ensure that as much publicity as possible is given to the review and that all persons excluded in future are told at the time of arrangements for the review. My right hon. Friend the Secretary of State for Northern Ireland is aware of my proposals and will be instituting a similar scheme in Northern Ireland.