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Proceeding contribution from Viscount Brookeborough (Crossbench) in the House of Lords on Tuesday, 13 December 2005. It occurred during Committee of the Whole House (HL) and Debate on bill on Terrorism Bill.


Terrorism Bill

As someone who comes from Northern Ireland I feel I ought to say something about this matter in relation to terrorism. The noble Lord, Lord Imbert, referred to a hypothetical situation. However, the situation in Northern Ireland is not hypothetical. Where the Government are going wrong is in not doing everything else in their power to help our police and anti-terrorist forces do what they have to do. They have done nothing about the inadmissibility of telephone and radio intercept, which could be of great help. Indeed, it could result in people not having to be held for so long. It is up to us in this House—although already we can see that the Government will not give way easily—to provide extra safeguards. If we require this limit—and it is a limit—it is up to us to ensure that the safeguards are there so that that limit is not abused. The High Court judge constitutes one of the safeguards. I have spoken to somebody in Northern Ireland who has had to appear before a judge to justify holding a person for an extended period. He was very worried about that as he considered that it could constitute emotional blackmail. The evidence is produced as they have it then, but it is not the evidence on which the person could be held and charged. However, he feels that he can persuade judges of a certain level to permit things to go further—and therefore a High Court judge should be involved. I believe that this amendment should be put into the Bill but I also believe that we must ensure that, as undesirable as it is to have the measure in the first place, we provide the safeguards to enable it to work properly.


Secondary information

Type
Proceeding contribution
Reference
676 c1170 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Disclosure of information Civil liberties Admissibility of evidence Criminal proceedings Codes of practice Appeals Administration of justice Detainees Crimes against property Communication Electronic surveillance Evidence Intelligence services Judges Police Prosecutions Proscribed organisations Police custody Politics and government Scotland Terrorism Remand in custody Time limits Telephone tapping Cryptography Sunset clauses
Legislation
Terrorism Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk