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Proceeding contribution from Tony McNulty (Labour) in the House of Commons on Wednesday, 28 June 2006. It occurred during Legislative debate on Police.


Police

With the leave of the House, I shall try and deal with some of the points raised in this appropriately narrow debate. I do not want to attack or challenge the hon. Member for Aldridge-Brownhills (Mr. Shepherd) or the right hon. and learned Member for Sleaford and North Hykeham (Mr. Hogg). They have merely been consistent in wanting to kick against a trend that they think they have detected. They believe that important matters are increasingly dealt with through statutory instruments, codes of practice and so on rather than in primary legislation. I do not agree with that, but I accept the broad parliamentary point. I also accept the consequence of consistency—that those who oppose the original proposition in a Bill are being entirely consistent when they oppose it when it crops up in a statutory instrument or code of practice that flows from the Bill. I do not underestimate the integrity of the hon. Member for Aldridge-Brownhills or of the right hon. and learned Member for Sleaford and North Hykeham. What they say is entirely fair and reasonable. I do not agree with them, about either the parliamentary or the substantive point, but I admire them for their consistency. In passing, even in my short time in the House I heard those views expressed extremely eloquently many times by the late right hon. Member for Bromley and Chislehurst. The position is perfectly acceptable, it is just that I do not agree with it. However, I appreciate that it is right and proper to express those views in the narrow confines of this debate—which was spoiled only when the right hon. Member for East Yorkshire (Mr. Knight) came clodhopping in with his attempt to make it far broader than had been intended. I turn now to some of the specific questions that were raised. It is of course envisaged that, if the police need to interview detainees after they have been transferred to prison, arrangements will be made for them to be moved back to the appropriate police station. That is entirely in keeping with the needs of an investigation, and there is no restriction of access to legal advice when a detainee is in prison. The hon. Member for Arundel and South Downs (Nick Herbert) asked about that, and I hope that my response has reassured him. The hon. Member for Hornsey and Wood Green (Lynne Featherstone) asked about terrorist detainees in prison. As with all prisoners, they will come under the regime of Her Majesty’s inspector of prisons. Importantly, Lord Carlile, the independent reviewer of terrorism legislation, has said that he will take a close interest in all aspects of the proposed extended detention. I welcome that, given that his original brief was to oversee all aspects of the legislation.


Secondary information

Type
Proceeding contribution
Reference
448 c288-9 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Criminal proceedings Codes of practice Crime prevention Detainees Arrests Human rights Police Police interrogation Terrorism
Legislation
Police and Criminal Evidence Act 1984 (Code of Practice C and Code of Practice H) Order 2006
Link
View this Proceeding contribution on www.publications.parliament.uk