HL Deb 14 November 1989 vol 512 cc1307-8WA
Lord Coleraine

asked Her Majesty's Government:

Whether they have reached a conclusion on their response to the judgment of the European Court of Human Rights in the case of Brogan and others concerning detention under the prevention of terrorism legislation.

Earl Ferrers

The European Court of Human Rights held in the case of Brogan and others that the detention of the four applicants under Section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984 (now Section 14 of the Act of 1989) constituted a breach of Article 5(3) of the European Convention on Human Rights because none of the applicants was brought "promptly" before a judicial authority. Under Section 14 a person who is arrested on reasonable suspicion of involvement in acts of terrorism may be held by the police for a maximum of 48 hours during which period the necessity for continued detention must be reviewed regularly by a senior police officer not involved in the investigation. The Secretary of State may then extend that period of detention up to a maximum of a further five days before that person must either be released, or must be charged or excluded from a part or whole of the United Kingdom. Since the court delivered its judgment on 29th November 1988 the Government have been considering whether it would be possible to introduce a judicial element into the procedure for authorising extensions of detention in a way which would be compatible with the provisions of the convention and which would not weaken the effectiveness of its response to terrorism.

The Government believe that, in the context of the continued threat to the United Kingdom, on a scale unknown elsewhere in Europe, posed by terrorism connected with the affairs of Northern Ireland, the power to hold terrorist suspects for a period of up to seven days is essential. The continued necessity for this power —and the other powers in the Prevention of Terrorism Act —is reviewed annually by both Houses of Parliament.

Decisions to authorise the detention of terrorist suspects for periods beyond 48 hours may be, and often are, taken on the basis of information the nature and source of which could not be revealed to a suspect or his legal adviser without serious risk to individuals assisting the police or the prospect of further valuable intelligence being lost. Any new procedure which avoided those dangers by allowing a court to make a decision on information not presented to the detainee or his legal adviser would represent a radical departure from the principles which govern judicial proceedings in this country and could seriously affect public trust and confidence in the independence of the judiciary. The Government would be most reluctant to introduce any new procedure which could have this effect.

The Government further believe that the present arrangements represent reasonable safeguards for the detained person. They guarantee to the suspect an early review of the continued need for his detention, and they provide that any extention of that detention beyond two days must be authorised by the Secretary of State and that the suspect must be released, charged or excluded within a maximum of seven days from his arrest.

The Government have concluded that a satisfactory procedure for the review of detention of terrorist suspects involving the judiciary has not been identified. The derogation notified on 23rd December 1988 under Article 15 of the European Convention on Human Rights and Article 4 of the International Covenant on Civil and Political Rights must and will therefore remain in place for as long as circumstances require. The derogation is limited to the powers under the Prevention of Terrorism (Temporary Provisions) Act 1989 to detain for up to seven days those suspected of involvement in the commission, preparation or instigation of acts of terrorism connected with the affairs of Northern Ireland.