Select Committee on Delegated Powers and Deregulation Tenth Report


NORTHERN IRELAND (EMERGENCY PROVISIONS) BILL

Introduction

  21.    This bill extends the life of the Northern Ireland (Emergency Provisions) Act 1996 and makes a number of amendments to that Act. There are new powers in clauses 4 and 5.

Clause 4

  22.    Section 53 of the 1996 Act requires the Secretary of State to make a code of practice in connection with the silent video recording of police interviews with persons detained under section 14(1)(a) or (b) of the Prevention of Terrorism (Temporary Provisions) Act 1989. The effect of the amendment made by clause 4 is to allow the Secretary of State to extend by order that code to other police interviews. Such orders will be subject to negative procedure (this is the result of the amendment made by paragraph 3(3)(b) of Schedule 1).

Clause 5

  23.    The new section 53A inserted by this clause in the 1996 Act requires the Secretary of State to make a code of practice in connection with police interviews of persons detained under section 14(1(9) or (b) of the 1989 Act. Again there is a power by order (subject to negative procedure) to extend the code to other police interviews. Paragraph 3(2) of Schedule 1 amends section 54 of the 1996 Act so as to apply that section to codes under new section 53A. The result is that the Secretary of State has to publish his proposals and consider representations and lay the revised draft before both Houses before he can make an order bringing the code into operation. Clause 6 has the effect of applying affirmative procedure to commencement orders relating to codes under this new section or the existing section 53, instead of the negative resolution procedure provided for section 53 at present.

Recommendation

  24.    There is nothing in the bill to which the House's attention need be drawn.


 
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Prepared 20 January 1998