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Written Answers

Volume 432: debated on Tuesday 6 July 1982

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Written Answers

Crime And Alcohol Dependency

asked Her Majesty's Government:Whether they are funding any research or studies relating to those persons whose criminal activities are directly attributable to drink dependency or the influence of alcohol.

It is difficult to establish a causal connection between the consumption of alcohol and the commission of criminal offences, but the Home Office is involved in a number of projects whose aim is, broadly, to explore the problems of offenders whose involvement in criminal activity may be linked with drinking.A project is being carried out by the Home Office to evaluate the use of overnight shelters as a means of coping with drunkenness without resort to arrest; the British Crime Survey includes the self-reporting by respondents of their drinking habits and offending, which may allow some further analysis of the possible links between drinking habits and proneness to commit crime; and the Home Office Research and Planning Unit is investigating to what extent offences of violence are centred around licensed premises.

Radio Reception: New Licences

to ask Her Majesty's Government:How many general licences for classes of radio users (such as, but not including, Open Channel) have been introduced since 1979, or are under consideration.

Since 1979, new licences have been introduced to meet limited and specialised needs covering reception of meteorological information, the monitoring of 27 MHz. transmissions, and the establishment of common base stations. A local communications licence will be introduced in the autumn. All other uses of radio are either covered by the wide range of existing licences or are exempt from the licensing requirement. We hope to be able to extend this latter category in due course.

Gartree Prison Riot 1978

asked Her Majesty's Government:Whether they will publish a report on the riot at Gartree Prison in October 1978 similar to the one published on the riot at Wormwood Scrubs.

Merseyside Disturbances: Insurance Claim Discussions

asked Her Majesty's Government:What progress has been made in discussions between the Home Office and the British Insurance Association concerning insurance claims arising from the disturbances on Merseyside and the difficulties being experienced by individuals and small businesses in effecting new or renewed insurance policies.

Cases of particular difficulty are being examined locally in the light of exchanges between the Home Office and the British Insurance Association. My right honourable friend proposes to arrange further discussions to examine the overall position.

N Ireland: Administration Of Justice Review

asked Her Majesty's Government:Whether they have commissioned any studies into the administration of justice in Northern Ireland under the Northern Ireland (Emergency Provisions) Acts and the Prevention of Terrorism Acts, since the Reports of the Gardiner Committee (1975) and the Bennett Committee (1979) and, if so, with what result.

My right honourable friend the Secretary of State for Northern Ireland announced on 26th May 1982 his intention to establish an independent review of the operation of the Northern Ireland (Emergency Provisions) Act 1978. It is intended that the review will take account of the conclusions of the noble Earl, Lord Jellicoe's inquiry into the Prevention of Terrorism (TemporaryProvisions) Act 1976, so far as they affect Northern Ireland.

Bennett Committee Recommendations

asked Her Majesty's Government:Whether all the recommendations of the Bennett Committee have now been implemented, and if not, which are still outstanding.

I would refer the noble Lord to the paper entitled Action to be taken on the Recommendations of the Committee of Inquiry into Police Interrogation Procedures in Northern Ireland placed in the Library of the House in July 1979. This sets out the action to be taken following publication of the report of the Committee of Inquiry into Police Interrogation Procedures in Northern Ireland in March 1979 (Cmnd 7497).All the action set out in the document has been taken, except that Recommendation 61 has not yet been implemented in full. However, a tribunal was recently convened under Section 13 of the Police Act (Northern Ireland) 1970. Its powers were clarified by the courts and consideration is now being given to these powers being increased as recommended by the report.

N Ireland: Evidence In Criminal Cases

asked Her Majesty's Government:Whether measures have been taken or are planned (a) to reduce the reliance on confessions by suspects (some of which would not be admissible at common law) brought before Diplock Courts, and (b) to encourage members of the public in Northern Ireland to give information and evidence of criminal acts.

The Royal Ulster Constabulary make every effort to use all available sources of evidence in respect of criminal charges when submitting evidence to the Director of Public Prosecutions. Section 8 of the Northern Ireland (Emergency Provisions) Act 1978 defines the conditions under which a statement made by an accused may be given in evidence by the prosecution in any criminal proceedings for scheduled offences, but in both jury and non-jury courts in Northern Ireland it is for the court to rule on the admissibility of statements, including any statement by a police officer that an accused has admitted his guilt. The way in which such proceedings have operated will doubtless be examined by the independent review of the operation of the legislation which my right honourable friend the Secretary of State for Northern Ireland has announced.Both the Government and the Chief Constable of the Royal Ulster Constabulary constantly seek to encourage members of the public to provide the police with whatever information they may have about crime. The Government also seek to create and maintain the conditions in which evidence can be given without fear of intimidation. Confidential telephone lines have been established to good effect, and the valuable work of the Royal Ulster Constabulary Community Relations Branch continues.

N Ireland: Powers Of Arrest

asked Her Majesty's Government:What instructions they have given to ensure that "emergency" powers of arrest are not used, when ordinary powers would suffice.

None. This is a matter for the police, though of course the exercise of their power in a particular case can be challenged in the courts if their action is thought not to comply with the law.

N Ireland: Arrest On Suspicion

asked Her Majesty's Government:Whether they are taking steps to reduce the number of persons arrested each year in Northern Ireland, without being suspected of involvement in a particular offence and later released without charge.

The law does not permit the arrest of persons who are suspected neither of involvement in criminal offences nor of being terrorists. It is open to any person who feels that he has been wrongfully arrested to complain and seek redress through the courts. Any suggestion that the law is being misapplied would also be a matter which would fall within the scope of the review of the Northern Ireland (Emergency Provisions) Act 1978, which my right honourable friend the Secretary of State for Northern Ireland has already announced.

Social Security: Appeals From Supplementary Benefit Appeal Tribunals

asked Her Majesty's Government:What is the total number to the last convenient date of applications for leave to appeal from Supplementary Benefit Appeal Tribunals to the Social Security Commissioners; how many appeals were made by claimants and how many by benefit officers; and how many applications in each category are still outstanding.

The Parliamentary Under-Secretary of State, Department of Health and Social Security
(Lord Trefgarne)

:As at 6th May 1982, 1,322 applications for leave to appeal on supplementary benefit cases have been received by the Social Security Commissioners since November 1980. Of these 1,194 have been made by claimants and 128 by the supplementary benefit officer. At that date 275 applications by claimants and 12 by the supplementary benefit officer had yet to be determined.

Community Homes: Governing Boards

asked Her Majesty's Government:Whether all community homes have governing boards, what are their functions, how many people are appointed to each board, and how often is each home visited by its governing board.

Every community home is governed by a responsible body By virtue of Section 35 of the Child Care Act 1980 the body of managers in the case of controlled and assisted homes may consist of any number which is a multiple of three, to permit appropriate proportionate representation of the local authority and the voluntary organisation concerned, and it exercises the functions set out in Sections 37 and 38. The Community Homes Regulations 1972 require one or more of the managers to visit the home at least once a month and report in writing. In the case of homes provided wholly by a local authority, the duties of the managing body are exercised by a committee of the authority.

The Falkland Islands: Inquiry Terms Of Reference

asked Her Majesty's Government:Whether they will now make a statement on the proposed review of matters leading up to the Argentine invasion of the Falkland Islands.

Following consultations with the right honourable gentleman the Leader of the Opposition and leaders of other Opposition parties, the Government have decided to appoint a Committee of Privy Counsellors with the following terms of reference:

" To review the way in which the responsibilities of Government in relation to the Falkland Islands and their dependencies were discharged in the period leading up to the Argentine invasion of the Falkland Islands on 2nd April 1982, taking account of all such factors in previous years as are relevant; and to report."
I am glad to be able to say that the right honourable the Lord Franks, OM, GCMG, KCB, CBE, has agreed to be the chairman of the committee. The other members of the committee will include Privy Counsellor representatives of the two main political parties, chosen in consultation with the right honourable gentleman the Leader of the Opposition.House adjourned at twenty-three minutes before eleven o'clock.