HC Deb 05 July 1973 vol 859 cc854-6
Mr. van Straubenzee

I beg to move Amendment No. 19, in page 11, line 19 leave out 'includes' and insert: 'or vessel shall, in the case of a vehicle or vessel which cannot be conveniently or thoroughly searched at the place where it is, include'. The amendment is designed to meet what I undertook to consider in Committee—namely, the situation of a vehicle which might perhaps in an irritating way be moved an unnecessarily long distance from where it was found so that it might be searched. That is how we came to arrive at the wording, which does not limit the distance at which a vehicle or a vessel might be taken.

I inquired whether we could find some geographical limit. I think that Opposition hon. Members will realise that that was impossible from a drafting point of view. The amendment requires the security forces to consider whether they could conveniently and thoroughly search the vehicle or vessel where it is. Only if they cannot make such a search will they be allowed to move it. That indicates a certain limitation which I hope is helpful. The amendment was tabled in that spirit.

I have taken the opportunity to include vessels. There could be an occasion when a vessel would be used—for example, at a busy pier at which there might be a lot of people. It would be unfortunate if the power to move a vessel was not included. I hope that that provision is helpful. It is designed to be helpful.

Amendment agreed to.

Mr. van Straubenzee

I beg to move Amendment No. 20, in page 11, line 31, at end insert: '(6A) A member of Her Majesty's Forces exercising any power conferred by this Part of this Act when he is not in uniform shall, if so requested by any person at or about the time of exercising that power, produce to that person documentary evidence that he is such a member.'. This also has been tabled by the Government in response to undertakings in Committee. We felt that legitimate anxieties were expressed that when these powers were exercised by a member of Her Majesty's forces not in uniform it would be reasonable that if so requested he should produce documentary evidence that he was such a member of the forces.

I make it clear again that I do not expect that these powers will be exercised by members of Her Majesty's forces other than in uniform, except in very exceptional circumstances. I want to make that clear because it is only desirable that they should be used by members of Her Majesty's forces in uniform. Nevertheless, the anxiety expressed in Committee was valid, and I have tabled the amendment in order to meet my obligations. I hope that it may be of assistance.

Mrs. McAliskey

If the amendment applies to members of the Armed Forces out of uniform, will it also apply to members of the MRF, not on duty and out of uniform, opening fire on a bus queue using Thompson sub-machine guns?

Mr. S. C. Silkin

The amendment requires a comment from us because in Committee we stressed the very great importance of ensuring, in the circumstances which exist in Northern Ireland, that people who were not wearing a distinctive form of dress—such as a member of the Armed Forces in uniform, or a constable—who purported to exercise some of these very wide-ranging powers might very well, unless they were able and required to produce the authority in the form of documentary evidence that they were members of the forces, so far from acting as a restraining influence upon the situation of potential violence, actually incite violence. It is welcome that the Government have accepted this principle. We regard it as a very important improvement to the Bill, notwithstanding the hon. Gentleman's statement that it would be rare—which we welcome—that a member of Her Majesty's forces not in uniform would exercise these powers.

Amendment agreed to.

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