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Terrorism (Northern Ireland) Bill

These amendments seek permanently to repeal section 108 of the Terrorism Act 2000. I entirely understand Lord Carlile’s views on this provision and I have carefully considered whether it should be retained in part 7 of the 2000 Act. Obviously, this is a question of judgment, and judgment is based on weighing evidence and advice, including that of the Chief Constable and Lord Carlile. The hon. Member for Solihull (Lorely Burt) referred to what I said in Committee about the 90-day provision. It is interesting to note that earlier today the Liberal Democrats drew on the advice of Lord Carlile, who did not entirely agree with them about the 90-day provision. There again, the Liberal Democrat policy of pick and mix is one that we well understand. I am mindful that section 108 has yet to be used in a case. However, it is an exceptional provision and it was never envisaged that it would be used regularly. I am sure that the hon. Member for Solihull is aware of that, but I remind her of the very special circumstances that caused section 108 to be introduced. They still obtain and are the subject of continued investigation, and we must be very aware of them. The hon. Lady has demonstrated this afternoon her real concern to identify with what people feel about OTRs, but we must do the same in respect of the people of Omagh and accept the advice from the security advisers to my right hon. Friend the Secretary of State. Lord Carlile has often given excellent advice, but we judge that, on balance, section 108 should be retained.