Terrorism Act 2000 (Code of Practice on the Exercise of Police Powers) (Northern Ireland) Order 2001 (Hansard, 7 February 2001)

§ Lord Falconer of Thoroton
rose to move, That the draft order laid before the House on 16th January be approved [4th Report from the Joint committed
The noble and learned Lord said: My Lords, in speaking to this order I shall speak also to the Terrorism Act 2000 (Code of Practice on Video Recording of Interviews) (Northern Ireland) Order 2001. On the code of practice on video recording of interviews, we have already considered various UK-wide codes of practice to be made under the Terrorism Act 2000 and which are due to take effect on 19th February when the Act is commenced. No doubt your Lordships will recall from the excellent debates during the consideration of the Act that two further codes, specific to Northern Ireland, are to be made. The first is for police interviews with terrorist suspects to be video recorded with sound and for the video recording arrangements to be governed by a code of practice. The sound and vision code, if I may refer to it as such, will replace the existing system of silent video 1253 recording in Northern Ireland. The purpose of this order is to bring into force the code of practice under the Act governing the video recording, with sound, of interviews with terrorist suspects in Northern Ireland. Debates have already taken place in both Houses on a separate order, which will require the police in Northern Ireland to conduct interviews in accordance with the code.
As I have said, this code replaces an existing code of practice governing the silent video recording of interviews with terrorist suspects in Northern Ireland. The difference is that the new code requires video recording with sound. I hope that your Lordships will welcome this significant and positive development, which improves upon the existing silent video recording arrangements. Sound and vision provides additional protection for the detainee, guards against unrecorded interviews or verbal abuse, intimidation and harassment and helps to guard the police against unfounded allegations and complaints.
The introduction of sound and vision recording of interviews with terrorist suspects has long been advocated by the current and previous Independent Commissioners for the Holding Centres. The Chief Constable of the RUC also fully supports this measure. Through this order and its related code, the Government are pleased to facilitate the system of sound and vision video recording.
The draft code covers a range of issues that must apply when interviews with terrorist suspects are video recorded. The code also contains guidance for police officers and others on the application and interpretation of the code. Briefly, the code is in nine sections: general; obligation to video record interviews; objections by the detained person; requirements relating to video recording; the interview; after the interview; master tape security and access; copying of master tapes; and master tape destruction.
I deal briefly with the consultation process that took place before the publication of the code. The publication of the draft code was announced on Monday, 6th November. The code was sent to a wide range of interested organisations and was made available on the Northern Ireland Office website. There followed an eight-week consultation period, ending on 29th December.
Useful comments were received from a range of organisations. I am pleased to announce that the code has been modified to incorporate those. At paragraph 1.1, the code will be made available in Braille, in large print format and on audio cassette. Paragraph 3.4 advises that, where a person wishes to discuss matters unconnected with the investigation, the police should, where practicable, seek a medical opinion if they have concerns about an individual's capacity to elect for that discussion to be unrecorded. Paragraph 9.2 has been redrafted to make it clear that all tapes must be kept for at least six years. Some tapes will be kept for longer periods—for example, in the case of a prison sentence that exceeds six years. In addition, the language of the code has been made gender neutral.
1254 As required under Section 75 of the Northern Ireland Act 1998, I can also confirm that an assessment of the impact of this code has been carried out. The Secretary of State is satisfied that the new code contains sufficient safeguard provisions to avoid an adverse impact on any of the nine equality groups in the Northern Ireland Office's equality scheme.
I turn to the order dealing with the code of practice on the exercise of police powers. Section 99 of the Terrorism Act 2000 makes provision for the exercise of police powers to be covered by a code. The purpose of the code of practice on the exercise of police powers order is to bring into force the code of practice under the Terrorism Act governing the detention, treatment and questioning of detained persons and the identification of persons by police officers in relation to terrorist suspects in Northern Ireland. The order to give effect to the code is made under paragraph 101(4) of the Terrorism Act and was, as I have said, laid on 16th January.
I should outline some of the detail. The code runs to 85 pages. I hope that I shall be forgiven if I give only the flavour of the content. The police code will apply only to the police in Northern Ireland. On 19th February it will replace the code currently in force under Section 61 of the Emergency Provisions Act 1996. The new code is modelled as closely as possible on the PACE codes of practice. In the light of helpful responses from the public consultation exercise, we have made improvements to the original draft. I should also say that the Home Office plans to review the PACE code. As a result of that review, additional changes to this code may be needed in due course.
The code is in two parts. Part I covers the detention, treatment and questioning of detained persons. That part of the code applies to an interview, or any part of an interview, carried out by a police officer of a person detained under Section 41 or Schedule 7 to the Terrorism Act after midnight on 18th February 2001, where the interview takes place in a police station. Part II covers the identification of persons by police officers. This part of the code applies to any identification carried out by a police officer, at a police station, of a person detained under Section 41 or Schedule 7 to the Terrorism Act after midnight on 18th February 2001.
Like the PACE codes, the police code is extremely detailed and comprehensive and contains thorough guidance for police officers and others on its application and interpretation. It features significant safeguards throughout. It should be welcomed as a continuation of, and improvement to, the existing safeguards that are in place via the EPA code. To mention three key features, the code provides, first, for the detainee's rights to be explained to him or her by the custody officer; secondly, it sets out the arrangements for access to medical attention; and, thirdly, it ensures that the need for detention is subject to regular review.
Featured in the code is an important new safeguard which I know was of significant interest to your Lordships during the passage of the Act. Section 6 of 1255 Part I of the new code sets out provisions dealing with the right to legal advice. The Act intended to ensure that access arrangements were consistent across the UK. In paragraph 6.7, the new code specifically provides that solicitors shall be permitted to be present during police interviews of terrorist suspects at police stations in Northern Ireland. I am pleased to announce to your Lordships that the Chief Constable of the Royal Ulster Constabulary has already introduced this measure with effect from 29th September 2000. That is a welcome development which I am sure your Lordships will strongly endorse.
The code was published in draft on Monday, 30th October. It was sent to a wide range of interested organisations and was made available on the Northern Ireland Office website. There was an eight-week consultation period, which ended on 22nd December. We received eight substantive responses, which covered a wide range of issues. A total of 96 distinct groups of issues were identified, and 36 substantive amendments were made to the code. In addition, the code will be made available in Braille, in large print format and on audio cassette. The language of the code has been made gender neutral.
Further amendments may be made in due course. Some submissions raised issues which essentially read across to PACE. As I have already said, the PACE codes are due to be reviewed. To give just one example, some comments were made about the appropriate adult arrangements in this code and it is planned to revisit this in the light of the PACE review. Your Lordships will also want to note that a new caution to reflect the European Court of Human Rights judgments in the cases of Murray, Averill and Magee will need to be added, as will a caution in respect of Section 109 of the Act. The new caution to reflect the Murray, Averill and Magee judgments is likely to be a key feature of the PACE codes review.
As required under Section 75 of the Northern Ireland Act 1998, I can also confirm that an assessment of the impact of the code has been carried out. Again, the Secretary of State was satisfied that the new code contained sufficient safeguard provisions to avoid an adverse impact on any of the nine equality groups.
In conclusion, the Government's aim is to ensure that the treatment of persons detained in police custody in connection with terrorist crime is fair, professional, transparent and accountable. We also want to see proper safeguards in place to protect the police from unjustified complaints. These new codes of practice are key to that aim.
The range of safeguards contained in these codes of practice demonstrates that the Government continue to attach the greatest importance to the protection of the rights of all, including those in police custody. I endorse the comments of the noble Lord, Lord Fitt, in relation to the previous orders: it is essential that the process of detention is properly governed. I believe that the measures make a substantial contribution to that. I commend the order to the House.

§ Lord Smith of Clifton
My Lords, we welcome both orders. I endorse the Minister's observation that it is most helpful to all parties concerned, not least the police, that there will be both sound recordings and video recordings of interviews. We strongly support the orders.

§ Lord Fitt
My Lords, discussions took place in Northern Ireland prior to the promulgation of the code of practice and I am sure that the Government interviewed as many responsible people as possible. Were all the political parties in Northern Ireland invited to take part in those discussions? Some political parties in Northern Ireland are allegedly associated with paramilitary activities, and I do not believe that they would be at all interested in a code of practice.
Will the Minister state whether all the political parties took part in the discussions? Did it seem to him or to those involved in the discussions that the political parties were anxious to see the code brought into practice? If the Minister could tell us that some of the political parties did not want the code of practice, that would say something about Northern Ireland. It would be a serious indication of the ability of those parties still to comfort those who are engaged in paramilitary activities.

§ Lord Hylton
My Lords, I welcome the two codes of practice because they contain a large number of useful safeguards. It has been a long and sometimes uphill struggle to achieve both video and sound recording of interviews. That makes it all the more important that there should be no questioning of suspects and arrested persons outside the police station; for example, between the point of arrest and the police station in, say, a police or army vehicle. I would welcome reassurance on that issue.

§ Lord Falconer of Thoroton
My Lords, I am grateful for the support which the codes of practice have received from around the House. They represent a significant step forward. As regards the consultation process, I stated that both codes were sent to a wide range of interested organisations. They included every single political party. I am told that the only political party which responded was Sinn Fein and, as I understand it, Sinn Fein did not object to the content of either of the codes. Finally, perhaps I may write to the noble Lord, Lord Hylton, about the point which he raised.