From RM_Distribution
an Irish Republican news and information service
http://irlnet.com/rmlist
03.09.1998
"Draconian" measures debated in parliaments A wave of condemnation from a number of legal and human rights groups has accompanied the passage of ‚emergency' legislation through the British and Irish parliaments.
Debate is continuing in the upper chambers of both parliaments- the Irish Seanad and the British House of Lords-on the new security measures drafted in the wake of the Omagh bombing. Both parliaments were recalled after 28 innocent civilians were killed in a bungled bomb attack by militarists opposed to the peace process.
The British measures, which reintroduce internment by the back door, are set to become law despite the opposition of a large number of MPs in London.
The measures went through the House of Commons in a 16-hour "rush" session ending just before 7am today. Seventeen Labour MPs rebelled against their party leadership and voted against the second reading of the Bill. The vote passed thanks to Labour's massive majority.
MPs of all parties were angry at the heavy-handed tactics involved in forcing the legislation through. Many also warned its provisions would lead to miscarriages of justice.
SDLP leader John Hume said he had not had enough time to read the bill and given the concerns of civil rights groups he would abstain. Labour backbencher Robert Marshall Andrews QC, a distinguished senior lawyer elected to the Commons for the first time last year, said the bill was the worst drafted legislation he had ever read.
Labour MP Chris Mullin, whose investigative work reopened the case of the Birmingham Six a decade ago, pleaded for amendments he suggested to be accepted.
Mr Mullin said: "If we get this wrong, we shall end up creating a political base for a tiny isolated sect that at the moment has no political base. That's what has happened in the past and we must avoid that in the future."
The Solicitors Criminal Bar Association in Belfast last week said this "hurried, reactive legislation" had no place "in a democratic society". In particular they were concerned at giving increased power to the RUC "To allow a suspect to be convicted on the word of a police officer, coupled with the refusal to co-operate with the officer, means that a defendant is no longer presumed innocent but must in fact prove his innocence."
The Association's concern that these measures were open to abuse was echoed by the human rights group, the Pat Finucane Centre in Derry. A spokesperson said, "there is no evidence that such legislation has been effective in the past. There is, however, considerable evidence that repressive legislation has been open to abuse and has led to miscarriages of justice." He added that an integral part of the Good Friday document was "respect for human rights by both the British and Irish states."
The Prevention of Terrorism Act Research and Welfare Association pointed out that 97% of people held under the PTA provisions similar to this emergency legislation were found to be innocent of any offence, highlighting the potential for abuse within these new laws, further illustrated by the numerous attempts by RUC to recruit informers in recent months and the case of the three West Belfast men currently suing the force after they were wrongfully arrested for the murder of Belfast drug dealer, Bobbie Dougan, in February.
Undaunted by these civil liberties concerns, a spokesperson for the British Premier said on Tuesday that these new laws would also include the right to seize the assets, including the home, of anyone convicted under this ‚emergency' legislation.
However Britain's governor in Ireland Mo Mowlam seemed unaware of any of these concerns as she launched a review of the criminal justice system in the Six Counties last Friday. The review, to be completed by next autumn, was a provision of the Good Friday document and its remit includes the delivery of "a fair and impartial system of justice".
Only after pressure from backbench Labour MPs did the British government say on Tuesday that no one would be convicted solely on the word of an RUC man. "Other" unspecified evidence would also be required.
The passage of the Bill through the House of Commons today came as similar repressive measures cleared Ireland's Lower House.
The Offences Against the State (Amendment) Act 1998 went through the Dail without a vote after an almost complete lack of scrutiny of the Bill by all but a handful of Deputys who spoke.
Earlier, tributes to the Omagh bombing victims were marred by a bizarre intervention by Fine Gael leader John Bruton. Bruton used his allocation of time for a statement of sympathy with the victims of the Omagh bomb to instead launch a sustained broadside against Sinn Fein.
In his speech Bruton concentrated totally on his obsessive antipathy to Sinn Fein, astonishing most of those present.
Sinn Fein's TD, Caoimhghin O Caolain, speaking later, expressed his disappointment at Bruton's contribution. He said he would "not be goaded into a political cul de sac of Deputy John Bruton's construction. Once again he has demonstrated his failure to understand, let alone accept, the changing political realities of our times."
Paying tribute to the dignity of the people of Omagh, Deputy O Caolain said the bombing of the town had been an attack on the peace process in general and on the Sinn Fein peace strategy in particular.
"It ran completely contrary to the democratic consensus among Irish republicans. Those who carried out the bombing hold themselves accountable to no community or political constituency," he said.