Terrorism (Northern Ireland) Bill

Absolutely not. Despite the sedentary intervention from the hon. Member for Montgomeryshire—and I thank him for his encouragement—I shall try and explain why my approach is not contradictory. First, it is worth bearing in mind that one reason why the section has not been used is that cases have collapsed. Secondly, I am not contradicting what I said earlier about the expiry of the special provisions. Section 108 will expire if the enabling climate allows—if it does not so allow, the provision will not expire. It is as simple as that. We believe that it is right to retain section 108. It is worth noting that a largely similar provision has operated successfully in the Republic of Ireland since 1972. That provision is set out in section 3(2) of the Offences Against the State (Amendment) Act 1972. The basic principle underlying it is essentially the same as that underlying section 108, namely, that it allows for the opinion of a senior police officer to be admissible in evidence in a trial on membership charges. The provision has been successfully used in the Republic to secure convictions for membership of illegal organisations for over 30 years. Only last year, for example, Liam Campbell was convicted of membership of the Real IRA. Although that case is from a different jurisdiction, it offers clear evidence that such a provision can and does work. I know that the security advice to which I have referred contradicts Lord Carlile’s recommendation, but it maintains that section 108 remains a useful provision for the PSNI to have.We understand from the PSNI that there are a number of cases in the criminal justice system in Northern Ireland in which section 108 could be used. The individuals involved have been charged with membership of an organisation that is specified, and the police are willing to make a section 108 statement. Finally, I urge the hon. Member for Solihull to think about the conditions that led to section 108 and about the people in Omagh. The amendment could undermine a prosecution case. When deciding about pressing the amendment to a Division, she should think carefully about the consequences if it were to succeed. What would be the effect on possible prosecutions? Would it help us to achieve normalisation? Would it allow the enabling environment that I mentioned earlier to come about? This is a very serious issue—it is not just about following up a recommendation in a report. It is genuinely about whether or not cases that could come to court could be jeopardised by the hon. Lady’s proposal. If those prosecutions were assisted by section 108 and resulted in convictions for membership of a proscribed organisation, there will be clear evidence of its usefulness. It remains the case that because it has not yet been tested, we do not know. However, the risk of accepting the amendment is huge. We have concluded, therefore, bearing in mind the ongoing cases, that section 108 remains potentially useful, and we do not wish to handicap the police or those investigating the cases. However, as I have stated, like all part 7 provisions, section 108 is an exceptional provision, targeted at the specific terrorist threat that exists in Northern Ireland. Thus we are committed to its ultimate repeal, as with all part 7 measures, when the security situation allows. That assumes an enabling environment that we may see by the end of July 2007, but if we do not the Bill allows us to continue the provisions for another year. In the event that the security situation then, as judged by the Secretary of State, is not one that would allow the Bill to disappear, we would be able to consider what appropriate steps may need to be taken. However, it is still our belief that by that time the general provisions of counter-terrorist legislation for the whole of the UK will suffice for Northern Ireland as well. On that basis, and bearing in mind the specific cases of which I have spoken, and thinking of the people in Omagh, the hon. Lady should think again about whether she wishes to divide the House. If she chooses to do so, I urge the House to resist the amendment.