§ 7. Mr. MullinTo ask the Secretary of State for Northern Ireland what plans he has for extending to Northern Ireland the tape recording of interviews arid the right of access to a solicitor for suspects; and if he will make a statement.
§ Sir John WheelerInterviews with suspects detained under the Police and Criminal Evidence (Northern Ireland) Order 1989 are tape recorded. The Government believe that electronic recording of interviews with detained suspects in Northern Ireland under the Prevention of Terrorism Act would not at present be in the overall interests of justice. The policy will be kept under review.
Access to legal advice is a statutory right for all suspects in police custody.
§ Mr. MullinIn the light of all that we know, is it not extraordinary that courts in Northern Ireland are still sending people away for life imprisonment on the basis of confessions which are not recorded, which were extracted at Castlereagh, and to which the interviewees' solicitors have been routinely denied access? Is it not about time that some of the lessons that we have learnt over here were applied in Northern Ireland—and who better to apply them 746 than a Secretary of State who, as Attorney-General, presided over many of the disasters in our own legal system a few years ago?
§ Sir John WheelerI cannot accept the hon. Gentleman's last comments and I am sure that the House does not either. Access to solicitors may be delayed for up to 48 hours on strict security grounds. The criteria governing a delay are laid out in section 45. A similar power to delay is also available to the police in England and Wales under the Police and Criminal Evidence Act 1984.
The court system in Northern Ireland is impeccable. The judiciary is independent and makes its decisions accordingly. As to the use of technology, that matter is kept always under review.
§ Mr. TrimbleIs it not inconsistent for the Government to allow criminal proceedings to be brought against terrorist suspects on the basis of tape recordings of conversations in the open air while, for the purpose of criminal proceedings, they refuse to allow tape recordings of telephone conversations by terrorist suspects?
§ Sir John WheelerThe use of material collected by intercept means and governed by warrant has to be carefully considered and is a matter for the prosecution authorities.
§ Mr. StottThe Minister will be aware that Sir Louis Blom-Cooper, the independent commissioner for the holding centres, has recognised the need for proper safeguards to be introduced into the system, and he said so in his recent report. The report from John Rowe QC also suggested that terrorist suspects should be recorded on audiotape. I am disappointed at the Minister's reply. If those measures were introduced in Northern Ireland, clearly in our judgment they would build confidence in the security forces and provide police officers with protection against false allegations of physical and verbal harassment. I am at a loss as to why the Government still refuse to bring into operation these particular measures, which were recommended by their own advisers.
§ Sir John WheelerI am grateful to the hon. Gentleman. He raises very important and serious issues with which I have a good deal of sympathy. I am particularly grateful to Sir Louis Blom-Cooper and others who carried out a review of the procedures and their recommendations and advice are treated seriously. Equally, however, my right hon. and learned Friend the Secretary of State and I have to take into account the advice that we receive from the Chief Constable of the Royal Ulster Constabulary, whose chief duty is to prevent the killing and terrorism in Northern Ireland. We must heed his opinion when he raises the importance of maintaining the present structure, but we will keep the matter under review and explore the possibilities to see what may be done.