Power to Search for Munitions, Radio Transmitters and Scanning Receivers

Part of Orders of the Day — Northern Ireland (Emergency Provisions) Bill – in the House of Commons am 5:30 pm ar 20 Mehefin 1991.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Dr Brian Mawhinney Dr Brian Mawhinney The Minister of State, Northern Ireland Office 5:30, 20 Mehefin 1991

I beg to move, That this House doth agree with the Lords in the said amendment.

Clause 19(3) of the Bill creates a new power to enable civilian specialists to accompany searches of premises, including dwelling houses or other places where there are munitions or transmitters.

When this provision was considered in Committee on 15 January concern was expressed by the hon. Members for Leicester, South (Mr. Marshall) and for Newry and Armagh (Mr. Mallon) that the provision was too widely drafted and could enable almost anyone to be authorised to accompany a search. At that time the hon. Member for Leicester, South said that the clause contained no provision that requires someone's presence to be "both justifiable and or necessary." We have given thought to that matter. The Government amended the provision in another place to provide that other persons may accompany a search or be authorised to accompany a house search only if it is necessary effectively to carry out the search. Therefore, the amendment requires a person's presence to be justifiable and necessary, which would be a further safeguard on the operation of the new provision.