HC Deb 12 May 1999 vol 331 cc170-1W
Mr. McNamara

To ask the Secretary of State for Northern Ireland what powers she has to accede to requests from persons interrogated at a holding centre that she listen to RUC recordings of their interrogations; what representations she has received in relation to four men arrested at Drumintee on 13 April; and if she will list the classes of person who may have access to interview recordings, indicating in each case the permission required to effect such access. [83383]

Mr. Ingram

[holding answer 11 May 1999]: The audio recording of police interviews with terrorist suspects is governed by a Code of Practice, laid in Parliament in draft on 23 February 1999 and on course to become operational on 24 May 1999. The Code of Practice makes no provision for the Secretary of State to listen to the audio recordings; nor does the Secretary of State consider it appropriate that she should intervene in any ongoing police investigation.

On 15 April 1999, representations were received from a firm of solicitors on behalf of three persons arrested on 13 April 1999 under section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 that there was no basis for their detention. The representations included a request that the Secretary of State should listen to the audio recordings of the interviews as a means of confirming this. The Minister of State, my right hon. Friend the Member for Torfaen (Mr. Murphy), acting on behalf of the Secretary of State and in accordance with S14(5) of the PTA, had earlier approved an application from the police for a two day extension of detention in respect of the persons detained. In light of the solicitors' representations, the Minister further considered the police application and upheld his decision to approve it.

Access to audio recording is as follows:

  1. (i) the detained person may listen to the audio recording, on the authority of the Sub-Divisional Commander;
  2. (ii) a solicitor may listen to the audio recording, on the authority of the Sub-Divisional Commander;
  3. (iii) if a person is charged or informed that he or she will be prosecuted, a solicitor acting for that person may apply to the Sub-Divisional Commander for a copy of the audio recording;
  4. (iv) the Director of Public Prosecutions may listen to the audio recording, on his own authority;
  5. (v) a court may listen to the audio recording, on its own authority;
  6. (vi) the audio recording may constitute evidence on behalf of a party to civil proceedings, if relevant.