§ 10. Mr. Molyneauxasked the Secretary of State for Northern Ireland what is his policy towards the comments contained in paragraphs 170 and 171 of the Gardiner Report.
§ Mr. Merlyn ReesI accept in general the views expressed in paragraphs 170 and 171 of the Gardiner Report. I made clear the Governments policy on the release of detainees during the Committee stage of the Emergency Provisions (Amendment) Bill. I cannot commit myself at this stage to a specific date but I hope that the situation will progress sufficiently to enable all the detainees to be out by Christmas. Policy on detention will continue to be related to the level and nature of violence prevailing, but under the terms of the law I have to make the judgment on each individual case in the light of the right of the community to be protected as well as the need to consider the right of the individual to his freedom.
§ Mr. MolyneauxDespite this and earlier answers, does the Secretary of State discount entirely the view of the Gardiner Committee that there is an unacceptable risk in releasing detainees who are skilled in guerrilla activities and guerrilla warfare when their terrorist organisations remain intact and demonstrate their capabilities?
§ Mr. ReesI have read carefully what the Gardiner Committee said on this point. It also went on to say:
Release linked to the state of violence in the community, on the other hand, would lend substance to the detainees' complaint that they are being used as 'political hostages'".The report says that I have to balance one against the other and make my own judgment. That is precisely what I am doing.
§ Mr. FittWould my right hon. Friend agree that to apply the logic that is now being suggested by the Opposition side of the House would mean that those who have been sentenced and convicted 761 of armed offences in Northern Ireland should not be released, on the ground that they have been proved guilty and might resort to the same offence again?
§ Mr. ReesThe hon. Member for Antrim, South (Mr. Molyneaux) was referring to the Gardiner Report. The Gardiner Report said that the most appropriate release policy that it could foresee would be an ordered process. Although, as I explained, I cannot accept its recommendation about release procedure, I accept in general this principle of an ordered process.
§ Mr. NeaveDoes the Secretary of State recall saying in the Second Reading debate on the Northern Ireland (Emergency Provisions) (Amendment) Bill that he did not take an optimistic view of the situation in Northern Ireland with regard to violence? Does he think that the risk is justified of releasing over 200 experienced terrorists on to the streets of Ulster by Christmas?
§ Mr. ReesWe shall have to see what we see in the next few months. Since the release of 300 people in May, 600 have been arrested through the courts. From the arithmetical point of view there is a bonus. I am concerned with those who go through the courts.
On detention, our aim is to dismantle detention. If there is a full-scale armed insurrection, such as we had before, I shall use the law that I have used. However, I shall continue to release people in the light of the circumstances of the individual case, which I shall look at very carefully. Indeed, I look at nearly every case carefully.