HC Deb 30 January 1974 vol 868 c128W
Mr. McManus

asked the Secretary of State for Northern Ireland (1) in view of the disquiet in Northern Ireland at the refusal of the Army in various places at various times to summon the legal representatives of detained persons, whether he will take steps to ensure that detained persons are afforded access to legal representation; and if he will make a statement;

(2) if he is aware that persons arrested under Section 10 of the Emergency Provisions (Northern Ireland) Act 1973 and held for 72 hours in a police station or interrogation centre are not being permitted the services of their legal representatives even when they ask for them specifically and by name; and if he will seek to ensure that the right to such representation cannot be denied them;

(3) in view of the disquiet in Northern Ireland at the refusal of members of the Royal Ulster Constabulary in various stations at various times to summon the legal representatives of detained persons when they have been requested to do so, if he will take steps to end this practice; and if he will make a statement;

(4) if he is aware that persons arrested under Section 12 of the Emergency Provisions (Northern Ireland) Act 1973 and held for up to four hours by members of the British Army are not being permitted the services of their legal representatives even when they ask for them repeatedly, specifically and by name; and if he will take steps to end this practice.

Mr. van Straubenzee

The power of arrest for up to four hours vested in Her Majesty's Forces under Section 12 of the Northern Ireland (Emergency Provisions) Act is of such short duration and limited purpose as to make the granting of legal representation impracticable. But those arrested and detained by the police under whatever legislation are granted facilities for legal representation, subject only to the usual proviso that there should be no unreasonable delay or hindrance in the process of investigation.