HC Deb 09 April 1973 vol 854 cc932-3
38. Mr. Judd

asked the Attorney-General how many prosecutions have taken place for the latest convenient period for the wearing of para-military uniforms.

The Attorney-General

None, Sir, either in Northern Ireland or in England and Wales, during the year ended 31st March 1973.

Mr. Judd

Will the right hon. and learned Gentleman accept that there is anxiety about the criteria used in deciding whether to bring prosecutions of this kind, particularly in Northern Ireland? Will he take an early opportunity to clarify the overall policy as regards this offence?

The Attorney-General

I can only tell the hon. Gentleman that there have been no prosecutions since the present Director of Public Prosecutions in Northern Ireland took over. This is primarily because such cases have not been submitted to him. There have, of course, been prosecutions for disorderly or riotous behaviour, but these matters are borne in mind and in each individual case in which there is such an exhibition and in which persons are wearing such uniforms, prosecutions will, I promise the hon. Member, be considered.

Sir Elwyn Jones

Is it therefore the case that the wearing of para-military uniform is now tolerated and will not be made the subject of proceedings? If that is right, is this being applied across the board as a principle?

The Attorney-General

No, Sir, that is not the case. Section 6 of the Public Order (Amendment) Act (Northern Ireland) 1970 makes it an offence if any person wears a uniform signifying his association with any political organisation. But what the Director of Public Prosecutions has to take into account are matters such as the prosecution of many people, the numbers of people and of courts and the chance of getting the best consequence, namely, a conviction in any case. It is not a question of policy but of what is practically best in a particular circumstance.