§ Mr. MullinTo ask the Secretary of State for the Home Department what steps have been taken to make available audio-recording facilities for interviews with persons arrested under the Criminal Justice (Terrorism and Conspiracy) Act 1998; and if he will make a statement. [55994]
§ Mr. StrawA number of steps have recently been taken with regard to the tape recording of interviews with terrorist suspects. These would therefore apply in circumstances where a suspect was being questioned in connection with the offence of being a member of a specified and proscribed organisation, as set out in section 2 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (PTA) or section 30 of the Northern Ireland (Emergency Provisions) Act 1996, as amended by sections 1 and 2 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 respectively.
In Scotland, interviews with terrorist suspects have not thus far generally been audio recorded. However, in the context of the passage of the 1998 Act, it was decided that such interviews should be tape recorded in future. Police forces in Scotland are currently considering what arrangements need to be put in place to accommodate this change in practice.
In Northern Ireland, section 53A of the Northern Ireland (Emergency Provisions) Act 1996, as inserted by the Northern Ireland (Emergency Provisions) Act 1998, makes statutory provision for police interviews with terrorist suspects to be audio recorded. Section 53A requires a draft Code of Practice to be drawn up, put out for consultation and brought into effect by Orders subject to the affirmative resolution procedure. The draft Code of Practice was published yesterday for public consultation.
In England and Wales, the police already audio record, on a voluntary basis, interviews with those arrested under the Prevention of Terrorism (Temporary Provisions) Act 1989.
115WIt is envisaged that interviews with suspects arrested in connection with the conspiracy provisions in sections 5–7 of the Criminal Justice (Terrorism and Conspiracy) Act 1998, but in respect of non terrorist-related offences, would be dealt with under the usual arrangements in each jurisdiction for police interviews of non-terrorist suspects. As such, where in England and Wales or Northern Ireland, the suspect is being interviewed in connection with an indictable offence (including an offence triable either way), or in Scotland an imprisonable offence, interviews would be audio recorded.
The forthcoming consultation paper on permanent United Kingdom wide counter-terrorist legislation will look at the audio recording of interviews with terrorist suspects in the context of a wider review of detention arrangements.