HC Deb 16 April 1973 vol 855 cc52-4W
Mr. McNamara

asked the Secretary of State for Northern Ireland how many persons detained and appearing before the appeal tribunal were legally represented before the tribunal; and how many persons refused such representation.

Mr. Whitelaw

Of the 17 people who have so far prosecuted their appeal before the appeal tribunal, all have been legally represented.

Mr. McNamara

asked the Secretary of State for Northern Ireland how many persons appearing before an appeal tribunal established under the Detention of Terrorists Order have been discharged; how many were detained or interned before the introduction of the order; and how many have subsequently been detained or charged with offences connected with the present unrest in the six counties of Ulster.

Mr. Whitelaw

Five people have been discharged by the appeal tribunal. They had all been detained or interned prior to the introduction of the Detention of Terrorists (Northern Ireland) Order 1972. None has subsequently been detained or charged with offences related to the present unrest.

Mr. McNamara

asked the Secretary of State for Northern Ireland how many cases have come before the commissioner or the appeal tribunal, respectively, since the Detention of Terrorists Order; and in how many cases evidence has been given to the commissioner or appeal tribunal in the absence of the respondent and /or of his legal representative.

Mr. Whitelaw

Four hundred and sixty-four cases have come before commissioners and 19 before the appeal tribunal, one of which was an application for leave to appeal out of time.

As regards the second part of the Question, under paragraph 12(1) of Part 3 and paragraph 22 of Part 4 of the Schedule to the Detention of Terrorists (Northern Ireland) Order 1972, the proceedings before the commissioners and the appeal tribunal are private. The information is not therefore available.

Mr. McNamara

asked the Secretary of State for Northern Ireland in how many cases coming before the commissioners or the appeal tribunal since the passage of the Detention of Terrorists Order the commissioner or members of the tribunal have not been informed of the precise origin of the information given to them in the absence of the respondent; and in how many cases they have asked for it and been refused.

Mr. Whitelaw

Under paragraph 12(1) of Part 3 and paragraph 22 of Part 4 of the Schedule to the Detention of Terrorists (Northern Ireland) Order 1972, the proceedings before the commissioners and the appeal tribunal are private. The information is not therefore available.

Mr. McNamara

asked the Secretary of State for Northern Ireland in how many cases coming before the commissioner or the appeal tribunal, respectively, the respondent has been removed for disorderly conduct, the respondent has refused to recognise the authority or legality of the proceedings, the respondent has refused to give or given evidence on oath and the respondent has personally or through his legal representative refused to cross-examine or has cross-examined witnesses.

Mr. Whitelaw

Under paragraph 12(1) of Part 3 and paragraph 22 of Part 4 of the Schedule to the Detention of Terrorists (Northern Ireland) Order 1972, the proceedings before the commissioner and the appeal tribunal are private. Information or recognition of the hearings, evidence on oath and cross-examination is not therefore available.

Mr. McNamara

asked the Secretary of State for Northern Ireland what has been the cost to public funds incurred by persons giving evidence before the commissioner or the appeal tribunal, respectively, established by the Detention of Terrorists Order; and what has been the cost from public funds for legal representation.

Mr. Whitelaw

The cost to public funds of the attendance before commissioners of witnesses on behalf of respondents is about £145. The cost in respect of appearances before the Detention Appeal Tribunal amounts to £10. The cost of legal representation on behalf of respondents before the commissioners is £6,838.41. The cost of legal representation on behalf of appellants before the Detention Appeal Tribunal is £3,685.

Mr. McNamara

asked the Secretary of State for Northern Ireland how many appeals have been made by persons detained under a detention order to the appeals tribunal; what is the average length of time for an appeal to be heard; and how many appeals are outstanding.

Mr. Whitelaw

Twenty-one appeals have been lodged so far. The average length of time in coming to a hearing is 41 days. Four appeals, including one which is adjourned, are outstanding at present.

Mr. McNamara

asked the Secretary of State for Northern Ireland in how many cases before the appeal tribunal established under the Detention of Terrorists Order the tribunal has not summoned the respondent to appear before it.

Mr. Whitelaw

The appellant has attended every case heard by the appeal tribunal.