Terrorism Act 2000 (Video Recording with Sound of Interviews and Associated Code of Practice) (Northern Ireland) Order 2020

Lord Russell of Liverpool Excerpts

Friday 10th July 2020 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP) [V]]

My Lords, I pay tribute to the sterling efforts of the officers of the PSNI in serving the community, and wholeheartedly acknowledge the plight of the innocent victims of terrorism, and indeed, the promised payment.

However, I was disappointed that the noble Lords, Lord Hain and Lord Empey, and the noble Baroness, Lady Ritchie, did not point the finger at Sinn Féin, the party that is blocking the implementation of this payment. I join other noble Lords in welcoming this statutory instrument and acknowledge that Northern Ireland is updating an antiquated system. It served its purpose in its time but now, with the use of modern digital recording technology, we are moving forward in the interests of transparency and investigative integrity. In many areas of policing, the Police Service of Northern Ireland has a reputation for the highest standards of professionalism; here, it is catching up with advances in technology that are already operational in the rest of the United Kingdom.

The advancement proposed in the short statutory instrument encapsulates the modern future-proof system for recording interviews, yet we must be ever mindful that the evidential integrity of existing records is preserved in such a way that it is technically viable and maintains prosecutorial value. We are informed that the advancement in digital technology across the rest of the United Kingdom has proved invaluable in the cause of criminal justice, and when operational in Northern Ireland, it will prove to be an effective tool in the fight against crime. I must confess that my first interest is the protection of the innocent, not the criminal, but I acknowledge that to do that, we must have credible evidence and a process that is beyond reproach. However, I hope that the operation of this statutory instrument will not create new means of installing due process; that already causes frustration within the community and must not be the outworking of this change.

Northern Ireland’s Department of Justice should re-examine the current approach regarding post-charge questioning of terror suspects, which is already operational in Great Britain. The Counter-Terrorism Act 2008

“allows a district judge (magistrate’s court) to authorise questioning of a person in Northern Ireland about an offence, for which they have been charged or after they have been officially informed that they may be prosecuted, by a constable where the offence is a terrorism offence (as defined in section 27) or where it appears to the judge that the offence has a terrorist connection (as defined in section 93).”

It is important that the investigative merits of this approach are examined in Northern Ireland.

What are the cost implications for the PSNI of bringing in this new technology, and will our government investment provide the necessary resources? It is essential that the budget already allocated is not put in danger or diverted from the protection of the community, but rather, put into front-line services. I give my support to this statutory instrument.

[The Deputy Speaker (Lord Russell of Liverpool) (CB)]

Lord Bruce of Bennachie? We will move on to Lord Murphy of Torfaen and come back to Lord Bruce afterwards.