§ 9. Mr. MaddenTo ask the Secretary of State for Northern Ireland if he will make a statement on the relationship between the drafts of the Police and Criminal Evidence Order 1988 and the Criminal Evidence Order 1988.
§ The Minister of State, Northern Ireland Office (Mr. Ian Stewart)The draft Police and Criminal Evidence Order substantially overhauls and rationalises the general criminal law in Northern Ireland and reflects provisions enacted for England and Wales in the Police and Criminal Evidence Act 1984. The separate Criminal Evidence (Northern Ireland) Order, which was debated and approved by the House on Tuesday, allows courts to draw an inference from the silence of the accused in certain circumstances.
§ Mr. MaddenDoes the Minister not believe that the Criminal Evidence (Northern Ireland) Order seriously weakens the limited rights of the individual given in the proposed Police and Criminal Evidence Order? Does he not believe that the ability to detain suspects for 48 hours 477 without the right to legal advice, the requirement not to supply official statements to suspects before they enter police stations and the absence of any requirement to tape record interviews with suspects will undermine the credibility of the police and the judiciary in Northern Ireland?
§ Mr. StewartI do not believe that that is the case. The hon. Gentleman has referred to a number of aspects of the draft Police and Criminal Evidence Order, which, as he will know, has been out for consultation. We are currently considering the results of the responses that we have received. I do not believe that the Criminal Evidence (Northern Ireland) Order is a diminution of rights. It makes it more likely that justice will be seen to be done. I do not think that the innocent have anything to fear from it. It will lead to a better system of justice in the Province, which is what we should all want.