One wants to avoid the situation described in an American short story where a father is driving his daughter through some urban jungle and the daughter keeps saying, ““Daddy, where are we?””. He gets more and more angry with her and eventually the story records the words, ““‘Shut up’, he explained””. One wants to avoid that kind of approach. In fact, I am sure that if anyone was asked why a coercive power was being used, they would never not give a reason. But the point of the amendment will be achieved if common sense and reasonableness are embodied in the guidance.
I remember that during my period of national service the Manual of Military Law gave detailed guidance on grave and weighty matters concerning war crimes, crimes against humanity and so on, and it also detailed matters of this kind. That manual no longer exists but I know that the Armed Forces are given careful written guidance. Provided that the guidance made clear the commonsense position and said, ““Don’t exercise a coercive power without explaining to the citizen the factual basis of what you are doing””, and provided that the citizen knew that that was good practice, that would meet the point of the amendment. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 21 agreed to.
Clause 22 [Entry]:
[Amendment No. 37 not moved.]
Justice and Security (Northern Ireland) Bill
Proceeding contribution from
Lord Lester of Herne Hill
(Liberal Democrat)
in the House of Lords on Wednesday, 21 March 2007.
It occurred during Debate on bills
and
Committee proceeding on Justice and Security (Northern Ireland) Bill.
About this proceeding contribution
Reference
690 c225GC Session
2006-07Chamber / Committee
House of Lords Grand CommitteeSubjects
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