§ Mr. McNamaraTo ask the Secretary of State for the Home Department what the legal authority is for the declared state of emergency relating to the affairs of Northern Ireland; if he reviewed the continuance of the state of emergency as part of his deliberations on the renewal of the provisions of the Prevention of Terrorism (Temporary Provisions) Act 1989; and what are the most recent communications he has (i) sent to and (ii) received from the UN special rapporteur with responsibility for human rights and states of emergency. [84780]
§ Mr. StrawArticle 15 of The European Convention on Human Rights enables any High Contracting Party in the circumstances laid down in the Article to take measures derogating from its obligations under the Convention to the extent strictly required by the exigencies of the situation. Under Article 15, the Government have derogated from Article 5(3) of the Convention in respect of powers of detention under the Prevention of Terrorism (Temporary Provisions) Act 1989. Before coming to a decision in 1999 on renewal of that Act, I took into account all related matters, including the recommendation of the Act's Reviewer, John Rowe QC, who concluded in his report on the operation of the Act in 1998 that there is a continuing need for the statute for a further year. There is no record of any communication either to or from the United Nations special rapporteur with responsibility for human rights and states of emergency since I became Home Secretary in 1997.