§ 12.31 p.m.
§ Baroness Farrington of Ribbleton rose to move, That the draft order laid before the House on 1st November be approved [30th Report from the Joint Committee].
§ The noble Baroness said: My Lords, the Terrorism Act 2000, which received Royal Assent on 20th July 2000, makes provision for police interviews to be video recorded with sound and for the video recording arrangements to be governed by a code of practice.
§ Your Lordships will be aware that at present interviews with persons held under counter-terrorist legislation in Northern Ireland are subject to two distinct forms of electronic recording. Silent video recording of police interviews with terrorist suspects became mandatory on 10th March 1998; the police had been operating the system administratively since 12th January 1998. The operation of the video recording system is regulated by a code of practice. In addition, an audio recording system was introduced on the authority of the Chief Constable from 10th January 1999 and became operable formally from 24th May 1999. This system is also regulated by a code of practice.
§ The introduction of these additional safeguards has seen a significant reduction in the number of complaints of ill-treatment at the holding centres and has provided impartial and accurate records of interviews which may be relied upon in subsequent criminal proceedings. These have been welcome developments.
§ However, the Government believe that the effectiveness of the existing systems as safeguards could be further enhanced in a way that is fully consistent with our human rights obligations and provides additional protection for both interviewees and police interviewing officers against claims of verbal abuse, intimidation and harassment. Therefore video recording with sound will be introduced in Northern Ireland when the Terrorism Act comes into force on 19th February 2001. Separate audio recording will continue.
§ As your Lordships will know from previous debates on the subject, the Government's aim is to ensure that the treatment of persons charged with terrorist crime in police custody is fair, professional, transparent and accountable. The new video recording system will also 1091 assist the judicial process by providing an additional record of interviews, in the event that a criminal case ensues or there is a complaint of ill-treatment.
§ For many years the independent commissioners for the holding centres argued the case for video recording with sound. The Government are grateful to Sir Louis Blom-Cooper and Dr Bill Norris for their work and their thorough reports; and we are pleased now to be acting to put in place measures which they have long advocated. I am happy to say that the Chief Constable of the RUC fully supports and welcomes this move. This is a major step forward.
§ A significant range of statutory and administrative safeguards aimed at protecting persons in police custody are already in place; the introduction of sound and vision video recording will add to the safeguards and demonstrates that the Government continue to attach the greatest importance to the protection of the rights of those held in police custody.
§ Other safeguards are these: audio recording of interviews; regular visits and examinations by a qualified medical practitioner; the maintenance of detailed custody records; the right to a continuous period of eight hours in any 24 hours free from questioning, travel or any interruptions; breaks for all normal mealtimes; a requirement for continued detention of suspects to be reviewed every 12 hours; the right to legal advice; and the right not to be held incommunicado.
§ The draft order requires interviews of persons detained under Schedule 7 (port and border controls) or Section 41 (arrest without warrant of a person reasonably suspected of being a terrorist) of the Terrorism Act 2000 which are conducted by a police constable at a police station in Northern Ireland to be video recorded with sound and that the video recording is to be conducted in accordance with a code of practice. The Act provides that the order must be debated first because the power to require sound and vision video recording is optional: an option which we are now exercising. Today, we are concerned with whether sound and vision video is right in principle. If noble Lords pass this order today, the code will be considered through the affirmative resolution procedure at a later stage.
§ Your Lordships will no doubt want me to say a few words about the code, copies of which are available today for those who wish to read the detail. A code of practice will be made under paragraph 4 of Schedule 8 to the Terrorism Act. Paragraph 4(2) of Schedule 8 requires the Secretary of State to publish a draft code and invite public representation. The publication of the draft code was announced on Monday 6th November. The draft code sets out a range of requirements which must apply when interviews with terrorist suspects are video recorded; it also gives guidance for police officers and others on the application and interpretation of the code. The closing date for comments on the code is 29th December and it will then be laid in both Houses after comments have been considered and any appropriate modifications made.
1092§ The Government are taking this step today to bring the new system and draft code of practice into operation on 19th February 2001. The Government take the view that the many benefits of video recording with sound make this a very worthwhile step. I commend the draft order to your Lordships' House. I beg to move.
§ Moved, That the draft order laid before the House on 1st November be approved [30th Report from the Joint Committee].—(Baroness Farrington of Ribbleton.)
§ Lord Smith of CliftonMy Lords, I thank the Minister for her comprehensive explanation of the reasons for the order and how it will be operated. These provisions are a welcome addition to the repertoire of the system of criminal justice in Northern Ireland. As the noble Baroness said, they will do much to eliminate rumour and suspicion about any undue harassment of detainees and help to ensure that due process is observed by interviewing officers.
However, I have a major concern. How secure will those tapes be? It is vital that they be kept under maximum security and destroyed when no longer needed. I hope that the Minister may be able to reassure me on that important question.
§ Lord LukeMy Lords, we, too, welcome this extension of recording what is said at interviews. Perhaps I may raise one small point. Did I understand the Minister to say that, although the new video equipment will be installed and available for interviews, audio equipment will still be used at the same interview? It seems somewhat over the top to have two recordings at the same time.
§ Baroness Farrington of RibbletonMy Lords, perhaps I may deal first with the question asked by the noble Lord, Lord Luke. My understanding is that it is better to use the audio tape in order to provide a written transcript of the interview than to use the video tape. The noble Lord looks puzzled and I can understand his puzzlement. Should there be any further reason for the use of the audio tape, 1 shall write to him and put a copy of the letter in the Library.
Audio recording is primarily of evidential value, while video recording is meant as a safeguard for the detainee and for the police. Of course, the video could be considered in criminal proceedings if needed, but only if needed, whereas the audio recording would be part of the evidence.
The noble Lord, Lord Smith of Clifton, asked me about the security of the tapes, which is obviously an extremely important point in the circumstances.
Tapes will be held securely in the same way as other evidence and material which may be used for evidential purposes. If access to a tape is required, the written authority of an officer not below the rank of assistant chief constable must be obtained before that security can be broken.
1093 The draft code of practice, copies of which are available from the Printed Paper Office, provide for the accessing of tapes, security arrangements and a number of other administrative arrangements to ensure the secrecy and integrity of the sound and vision recording system.
There will be opportunities for discussion when the draft code is debated. But I am happy to provide the noble Lord with the assurance he sought. I commend the order to the House.
§ On Question, Motion agreed to.