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 John Ovenden Mr John Ovenden , Gravesend 12:00, 21 Mawrth 1979

The Prevention of Terrorism (Temporary Provisions) Act was first introduced in the aftermath of the Birmingham pub bombings in 1974. Unlike most of my hon. Friends who have spoken, I voted for the Act on the basis that it was an emergency piece of legislation, justified by the extreme situation which the country faced at that time. I believe that it was on that basis that the majority of hon. Members accepted that legislation. It was with the greatest reluctance and the gravest misgivings that we did so. When we voted in that manner, we accepted that we were voting for the restriction of civil liberties and for the granting of arbitrary powers to the Home Secretary and the police. The drastic nature of the step we then took was recognised by every hon. Member, and especially by the then Home Secretary, Mr. Roy Jenkins.

But that was four and a half years ago, and still this legislation remains on the statute book. There is a very grave danger—nothing I have heard today has dispelled it; if anything, it has reinforced my view—of that legislation becoming a permanent part of our legal code. Indeed, it is very difficult to imagine under what circumstances the Act would be repealed.

I should like my right hon. Friend the Home Secretary to tell us how he envisages repeal coming about. In the debate in 1977, he said that there was no question of ending this legislation while the Provisional IRA was engaged in violence. Therefore, if the violence continues the Act continues. But I assume that if the violence diminishes, certain hon. Members will argue that it is because of the success of the Prevention of Terrorism Act. Therefore, there will be an argument that the Act should be continued on the statute book. In the light of today's debate, it is difficult to envisage how this Act will be repealed.

There is a real difference between what some of us are prepared to accept as temporary emergency measures and what we are prepared to accept as long-term legislation. That is why I voted with the Government when the Act was first introduced and why I voted on a couple of occasions to renew it. But that is why I voted last year against renewal, and that is why I shall go into the Lobby tonight again to vote against renewal. The onus is upon the Government to justify the continuation of the legislation. If the Bill were introduced today, I doubt whether many hon. Members would consider that the situation justified such legislation. Just because the Act is on the statute book, the status quo does not remove from the Government the onus of justifying the necessity for it.