Justice and Security (Northern Ireland) Bill

As the noble Lord said, the thrust of the amendment is to extend the written authorisation procedure incumbent on the police to the Armed Forces before the power of entry can be used. This is in no way a criticism of the noble Lord, but I emphasise that this applies only to the power of entry, not the power of search. The clause is quite specific on that. The power is already limited. It only provides for entry, and may be used only when it is considered necessary in the course of operations for the preservation of peace or the maintenance of order, as set out in subsection (1). I repeat what I said in the previous debate: because of the changing role of the Armed Forces in Northern Ireland, these exceptional powers will be used only occasionally by the Armed Forces. It is important to consider that the Armed Forces operate differently from the police, and would not be as familiar with the more complex authorisation procedures. As I have said, they are not trained in the law in the same way as a police officer. We are therefore justified in simplifying the power for the Armed Forces to ensure that they can use it effectively. If the power were exercised without appropriate authorisations in place, entries made under it and subsequent actions would, of course, be illegal. That is why I cannot accept the amendment, looking at it in the context of Northern Ireland, the changing nature of the Armed Forces and the narrow powers in the clause.