§ Mr. CanavanTo ask the Secretary of State for Northern Ireland whether he will introduce legislation to give people being interrogated by the Royal Ulster Constabulary the opportunity of access to a solicitor before signing any confession.
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§ Sir Patrick MayhewNo. The rights of those detained under the emergency legislation are already protected by extensive statutory safeguards. These include the right to consult with a solicitor, which can be delayed only in certain specified circumstances, and only for a maximum of 48 hours. Confessions are inadmissible if obtained by torture, inhuman or degrading treatment, or the use or threat of violence. If prima facie evidence is adduced that the accused was subjected to such treatment, the onus is on the prosecution to satisfy the court that the statement was not improperly obtained. The courts also have a wide discretion to exclude a confession if it appears appropriate to do so in order to avoid unfairness to the accused or otherwise in the interests of justice.