HC Deb 18 October 1971 vol 823 cc68-70W
Mr. McNamara

asked the Minister of State for Defence if he will publish the general evidence without naming names upon which people arrested in Northern Ireland by the Armed Forces of the Crown or under their direction have been arrested and detained under the Special Powers Act.

Mr. Maudling

I have been asked to reply.

No, for the reasons which I gave in the debate on 22nd September.

Miss Devlin

asked the Minister of State for Defence on what date members of the Army who, under the Special Powers Act, detained persons in Northern Ireland for four weeks were constituted part of the civil authority; what were their ranks; what procedures were used so to constitute them; and what written records are maintained by Her Majesty's Government in this matter.

Mr. G. Johnson Smith

The Army has not detained persons in Northern Ireland for four weeks. Members of the Army who arrested persons who were subsequently detained by the civil authority were acting in aid of the civil power.

Miss Devlin

asked the Minister of State for Defence if he will list the powers under which the Northern Ireland Government purported to constitute members of Her Majesty's Forces as part of the civil authority in Northern Ireland in connection with the detention without trial of civilians.

Mr. G. Johnson Smith

Members of Her Majesty's Forces in Northern Irlenad are not "part of the civil authority". They fulfil their common law duty to aid the civil power when their assistance is required to enforce law and order, and may in some respects operate by authority of regulations made by the civil authority under the Special Powers Acts.

Mr. O'Halloran

asked the Minister of State for Defence what report he has received on the circumstances surrounding the deaths of Annette McGarigan and William McGrenery in Londonderry; and whether he will make a statement.

Mr. Lambton

I have received the following reports, on which it would be improper for me to comment at this stage as coroners inquests have not been heldAt 6.15 p.m. on 6th September, in Fahan Street, Londonderry, gunmen fired three shots at troops, who fired three shots in reply. Annette McGavigan was wounded in the head, and was dead on arrival at hospital. At 12.43 a.m. on 15th September, a man was seen by soldiers on duty in Lonemoor Road, Londonderry, to aim a rifle at them. He was shot by a soldier. His body was taken away by a crowd. William McOreavery was later admitted to hospital, where he died.

Mr. O'Halloran

asked the Minister of State for Defence what is the number of people arrested by members of Her Majesty's Forces under detention orders in Northern Ireland on 9th August; what are the numbers of those arrested subsequently released; and what are the reasons for their release.

Mr. G. Johnson Smith

There were 337 persons arrested in Northern Ireland on 9th August by members of Her Majesty's Forces under powers conferred by regulations made under the Civil Authorities (Special Powers) Acts (Northern Ireland) 1922–43.

The other parts of the question are matters for the Northern Ireland Government.

Mr. O'Halloran

asked the Minister of State for Defence whether catapults are part of the normal equipment issued to Her Majesty's Armed Forces in Northern Ireland; what investigations have taken place into charges that members of Her Majesty's Forces stationed at Blighs Lane military post, Londonderry, used catapults against civilians; and whether he will make a statement.

Mr. G. Johnson Smith

Catapults are not part of the normal equipment issued to Her Majesty's Forces in Northern Ireland. Following allegations that catapults had been used in Blighs Lane, Londonderry, an investigation was held by the Royal Military Police, who found no evidence to support the allegations. Disciplinary action has, however, been taken against four soldiers for throwing stones.

Mr. O'Halloran

asked the Minister of State for Defence what purpose is served by the maintenance of a military post at Blighs Lane, Londonderry.

Mr. G. Johnson Smith

Assistance in the maintenance of law and order.

Mr. O'Halloran

asked the Minister of State for Defence how many canisters of CS gas were used by Her Majesty's Armed Forces at Blighs Lane military post, Londonderry, on Sunday, 12th September; and whether there is any restriction in the use of CS gas in heavily populated areas.

Mr. G. Johnson Smith

Detailed figures are not available for this particular episode, but, between 11 a.m. on 12th September and 8 p.m. on 13th September, Her Majesty's Forces in Londonderry used 909 CS cartridges and 89 CS grenades. This was in response to constant and vicious attacks by bomb throwers and hooligans. CS is used only when and to the extent that it is necessary. In the light of the report of the Inquiry into the medical and toxicological aspects of CS, conducted under the chairmanship of Sir Harold Himsworth, instructions have been amended to ensure that even more care is taken to ensure that missiles containing CS do not enter rooms inadvertently.

Mr. McNamara

asked the Minister of State for Defence what is the total number of people arrested by the Armed Forces of the Crown under the Special Powers Act in Northern Ireland.

Mr. Lambton

The total was 648 up to 8 a.m., 15th October, 1971.

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