Northern Ireland (Emergency and Prevention of Terrorism Provisions) (Continuance) Order 2000 (Hansard, 14 June 2000)

§ The Minister of State, Cabinet Office (Lord Falconer of Thoroton)

rose to move, That the draft order laid before the House on 22nd May be approved [20th Report from the Joint Committee].

The noble and learned Lord said: My Lords, it may be helpful to your Lordships if I begin by setting this evening's debate in the context of the Government's overall approach to counter-terrorism legislation.

Noble Lords will be aware that this House is currently considering the Terrorism Bill, which will eventually replace the existing temporary provisions of both the prevention of terrorism Act and the emergency provisions Act. That Bill will, we hope, receive Royal Assent as soon as possible. That, however, leaves us with a gap between 1.5th June, when the current provisions of the emergency provisions Act expire, and Royal Assent of the Terrorism Bill. The purpose of this order is to renew the temporary provisions for that period.

Noble Lords will appreciate that, while there has been significant progress in Northern Ireland since the signing of the Belfast agreement, that progress has 1744 been slower than we would have hoped. Regrettably, the agreement has not yet brought a complete end to the terrorist threat.

On both Republican and Loyalist sides, new groupings have emerged determined to destroy the agreement and deny the people of Northern Ireland the chance to build a new and prosperous Northern Ireland. These groups remain small. But sadly their capability is still considerable. The security forces, north and south, continue to use every effort to thwart their attempts to destroy the peace process. This cooperation reflects the determination of both governments to protect the community.

I pay tribute to the continued courage and commitment of the men and women of the Royal Ulster Constabulary, and to the Armed Forces acting in their support. To their credit both the RUC and Armed Forces have carried out their duties with utmost professionalism during the 30 years of violence but at a very high price.

We all hope that the security forces never have to lose another life as a result of terrorism. A sign that progress has been made is that 1999 was the first year for 30 years in which no member of the police or Army was killed in Northern Ireland. A further sign is that today a battalion of the paratroops has left Northern Ireland, reducing the number based there to its lowest level since 1970.

This changing environment means that security policy faces challenges unknown only a few years ago. In the face of a sustained terrorist campaign, the prime need to protect the community from terrorism was widely accepted. Now we need to look both ways. We must and do recognise the very real progress that has been made, and security activity has changed accordingly. Some want this to go further, but we can never forget the forces out there determined to destroy Northern Ireland's chances for peace, who have been responsible at Omagh for Northern Ireland's single worst atrocity of the Troubles.

But equally, we must ensure that our security policy is always governed by the threat level. The Government have an overriding duty to protect the community from threats, from whatever quarter and in whatever form they come.

The emergency provisions Act provides the security forces with powers over and above those in the ordinary law. Consequently, it also has important safeguards.

Independent reviewers provide reassurances to the Government and the public that the powers are used fairly and properly; that persons detained under the terrorism provisions are fairly treated and that both the statutory and administrative safeguards are properly applied.

This evening's debate is particularly informed by the recent report of Mr John Rowe QC, independent reviewer, on the operation of the Act in 1999. Mr Rowe has concluded that the temporary provisions of the EPA should be renewed in their entirety. The Government share that view.

1745 There is also a requirement, and a safeguard, that for the provisions to remain in force they must be reviewed and renewed annually by Parliament. That is the business of your Lordships' House today.

The draft order will continue in force the temporary provisions of the Northern Ireland (Emergency Provisions) Act 1996 from 16th June 2000 until the Act repeals itself on 24th August. However, as I said earlier, the provisions are likely in reality to cease to have effect as soon as the Terrorism Bill becomes law.

The order will also continue in force Section 4 of the Criminal Justice (Terrorism and Conspiracy) Act 1998; and Parts III and V of the Prevention of Terrorism (Temporary Provisions) Act 1989 in so far as they have effect in Northern Ireland. Together, these provisions provide a wide-ranging package of measures, additional to those contained in the ordinary law, to counter terrorism in Northern Ireland. They have provided a workable legislative framework to allow the police and Army to deter and detect terrorist crime, and to bring those responsible for such crimes to justice.

The Government recognise and are encouraged that the threat of terrorism in Northern Ireland has diminished significantly. The use of the emergency powers has been greatly reduced to reflect changes in the terrorist threat. We hope and expect the threat to diminish to the point where no special Northern Ireland powers will be necessary. But until such times the provisions are vital to deter and detect terrorist crime and to protect the community. I commend the draft order to your Lordships' House.

§ Lord Glentoran

My Lords, I thank the Minister for laying the order before the House. I agreed with much of what he said. We on this side of the House believe that all parties in Parliament must be united in the fight against terrorism.

Northern Ireland is experiencing peace of a kind. It is a great statistic that the noble Lord quoted, that not a soldier or policeman was killed in the year 1999. We hope that that will continue.

However, it is also true that the Province is not peaceful; it is not content; it is not relaxed. The majority of people from all quarters and on all sides, I believe, seriously want peace. However, there are extremists on both sides. Terrorism in Ireland has been a way of life for 30 years. There are those who really cannot bear the thought of giving it up and who are still attempting to persuade others to continue. Therefore, it is absolutely vital that we in this kingdom do not drop our guard.

In the meantime this Government, quite rightly in my opinion and our opinion, are tidying up the antiterrorism legislation. They have faced reality. Terrorism—Irish, national and international, whether it be in Ireland, London, the Middle East, on the cybernet, perhaps in years to come in space— would 1746 appear to be here to stay. I hope that the Terrorism Bill that is before this House at the moment will include all the statutory powers that the kingdom needs for protection from terrorism in the future.

I am not an optimist about living in a peaceful world. The world seems to fragment. Terrorists and those who fight, shout and create nuisance, both with violence and in other ways, still, unfortunately, seem to get their way. It is vital that necessary legislation to protect the nation from terrorism—because we cannot defeat terrorism—is enacted in this House in this Parliament. The Terrorism Bill will replace and tidy up all the prevention of terrorism legislation. However, this order will continue the shield of protection that legislation can provide while the new Terrorism Bill is being enacted and while Ireland is still full of weapons and there are, unfortunately, a few hundred people who are still determined, given the opportunity, to use them. I support this measure.