Codes of Practice: Police Powers

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 Mr Kevin McNamara Mr Kevin McNamara , Kingston upon Hull North 5:30, 20 Mehefin 1991

The main purpose of the amendment is to place a statutory duty on the Secretary of State in connection with the making of codes of practice concerning detention, treatment, questioning and the identification of people detained under the Prevention of Terrorism Act 1989. That is to be welcomed.

There exists an internal contradiction, however, because whereas the codes of practice dealing with the Army and so on will be discretionary, the code that we are discussing will be mandatory. That requires explanation. When will the code of practice be published? It is important for it to become available as soon as possible because of continuing complaints and controversy surrounding matters at holding centres.

We greatly welcome the decision announced in the other place about the possible appointment of an independent commissioner to examine matters at holding centres. Under what power will the independent commissioner be appointed? Will it be under this or other legislation, or will the appointment flow from the publication of the code of practice?

Issues such as visits to holding centres to see the procedures that are followed, and other aspects of the independent commissioner's remit, are also important. Will the report to the Secretary of State and documents calling matters to the attention of the police constable be publicly reported? Is there likely to be a report to Parliament, as has been suggested under the procedures for the Army complaints system?

I appreciate the difficulties involved and I welcome the general thrust of what is proposed, but are we likely to receive further information on this issue before the House rises towards the end of July? Or shall we have to wait until after the House reassembles in the autumn?

The Minister should be aware that, no matter how much we welcome the new procedures, by far the best safeguard would be to adopt the suggestion of Lord Colville, against which the Government and the RUC have steadfastly set their faces, for the videoing of all interrogations and occurrences at holding centres. That would be the greatest safeguard. Indeed, if what is proposed were coupled with the full sound and video taping and recording of interrogations, that would go a long way towards overcoming many difficulties and suspicions. Even so, we welcome the step that the Government are taking.