EARL ST. ALDWYNMy Lords, a Statement is being made to-day in another place by my right honourable friend the Secretary of State for Northern Ireland on the publication of the Diplock Report. With the leave of the House I will arrange for this to be circulated in the OFFICIAL REPORT.
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Following is the Statement referred to:
With permission, Mr. Speaker, I should like to make a statement. The Report of the Commission chaired by Lord Diplock to consider changes in the administration of justice to deal with terrorists is published to-day and is now available in the Vote Office.
The Government wishes to express its gratitude to Lord Diplock and the members of the Commission for the speed with which they completed their task. The questions raised in their terms of reference were wide-ranging and controversial, but urgency was dictated by the situation in Northern Ireland. and the Commission has achieved it remarkably.
The Commission find that, no matter what changes are made in the administration of justice, so long as there is the current level of intimidation of witnesses which prevents people from giving evidence in criminal trials for fear of the consequences, it will be impossible to bring to trial all those involved in terrorism, and particularly those who direct and plan terrorist activities; they conclude that some form of detention apart from the process of criminal trial will continue to be necessary until intimidation can be ended. The Commission points out that the new procedures for detention, made in the Detention of Terrorists (Northern Ireland) Order 1972, contain valuable safeguards against unfair detention.
The Commission takes the view that the need for detention would be reduced if, during the present emergency, a number of changes were made in the administration of justice. These include the introduction of trial by a judge alone instead of by jury for terrorist offences; restrictions on the granting of bail for terrorist offences; alterations in the onus of proof in cases involving possession of firearms or explosives; new rules to govern the admissibility as evidence of confessions and written statements in trials of terrorist offences; and provision of secure accommodation for, and changes in the powers to sentence, juveniles involved in terrorist activities. The Commission also recommend that the Army should have a power of arrest which would be easier for them to operate than their existing powers.
The Government welcomes these proposals which will, among other things, mean that it should be possible to bring more people before the criminal courts charged with criminal
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offences which arise out of alleged terrorist activities and therefore accepts the recommendations in principle and will bring forward for consideration legislation to give effect to them.
The Government is also continuing its review of the Special Powers Act and Regulations and will bring forward proposals.