Prevention of Terrorism Act (Northern Ireland)
Encyclopedia
The Prevention of Terrorism Acts were a series of Acts
of the Parliament of the United Kingdom
from 1974 to 1989 that conferred emergency powers upon police forces where they suspected terrorism
.
The direct ancestor of the bill was the Prevention of Violence Act 1939 (Temporary Provisions) which was brought into law in response to an Irish Republican Army (IRA) campaign of violence under the S-Plan
. The Prevention of Violence Act was allowed to expire in 1953 and was repealed in 1973 to be reintroduced under the Prevention of Terrorism (Temporary Provisions) Act.
In 2000, the Acts were replaced with the more permanent Terrorism Act 2000
, which contained many of their powers, and then the Prevention of Terrorism Act 2005
. See also Terrorism (Northern Ireland) Act 2006
.
Proscribed Organisations : Allowed for organisations to be made illegal, making membership an arrestable offence. It was also an offence to soliciting financial support for any listed group, display signs of public support, or attend a meeting supporting a listed group or addressed by a group member. The maximum penalty was ten years' imprisonment and an unlimited fine. The initial groups outlawed were the Provisional Irish Republican Army
(IRA) and the Irish National Liberation Army
(INLA) in the United Kingdom and numerous loyalist
groups within Northern Ireland
.
Exclusion Orders : Exclusion orders could be issued "as expedient" to prevent terrorism relating to Northern Ireland. Orders were issued against individuals to either prevent them entering or being in Great Britain, to exclude them from Northern Ireland, or to exclude them from the United Kingdom. It was an offence to breach an order or to aid another in effecting entry, the maximum sentence was five years' imprisonment and an unlimited fine.
Financial Assistance for Terrorism : As well as the provision under the first part of the Act, contributing, receiving or soliciting financial support for terrorism was an offence under this part also. Additionally, it was an offence to contribute any other resources; to assist in the retention or control of funds for proscribed groups or terrorist acts; or to fail to disclose to the police any suspicions notwithstanding any other restriction. The maximum penalty was fourteen years' imprisonment and an unlimited fine.
Arrest, Detention and Control of Entry : This part allowed for the arrest of individuals without a warrant and on reasonable suspicion that they were guilty of an offence under the Act or otherwise "concerned in the commission, preparation or instigation of acts of terrorism". The period of initial detention was up to 48 hours, this could be extended by a maximum of five additional days by the Home Secretary
. The detainee was exempted from certain provisions of other Acts relating to the arrest procedure and the legal protection of those arrested. This part also allowed for streamlined search procedures of persons or property and checks under the Act on persons at port or other border controls.
The remaining parts of the Act (Information, Proceedings and Interpretation, Further Provisions for Northern Ireland, and Supplementary) are largely technical, although the Northern Ireland provisions extend the right to search property, restricts remission for those convicted of statutory offences, and tightens control over the granting of licenses under the Explosives Act 1875 (new explosives factories and magazines).
, then Home Secretary, as a severe and emergency reaction to the Birmingham pub bombs. The apparent chronology was that there were pub bombings by the IRA in Birmingham on 21 November 1974. 21 people died and 184 were injured. There was a strong desire to respond to what was perceived as "the greatest threat [to the country] since the end of the Second World War." (H.C. Debs. Vol. 882 col. 743 28 November 1974, Mr. Lyons.) The conception of the Bill was announced on 25 November, when the Home Secretary warned that: "The powers... are Draconian. In combination they are unprecedented in peacetime.' (Ibid. col. 35 25 November 1974, Mr. Jenkins). Parliament was supportive and had passed the Bill by the 29th November, virtually without amendment or dissent. The Bill passed through the Commons on 28 and 29 November and passed through Lords on 29 November. In fact, much of the Bill had been drafted in secrecy during the previous year, as shown in the only full length commentary on the legislation by Clive Walker (See: The Prevention of Terrorism in British Law (2nd ed., Manchester University Press, 1992).
It was rewritten in 1976, 1984 and again in 1989, but continued to stay as emergency 'temporary' powers, that had to be renewed each year. The first three Acts all contained final date clauses beyond the annual renewal, this provision was not included in the 1989 Act.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
from 1974 to 1989 that conferred emergency powers upon police forces where they suspected terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
.
The direct ancestor of the bill was the Prevention of Violence Act 1939 (Temporary Provisions) which was brought into law in response to an Irish Republican Army (IRA) campaign of violence under the S-Plan
S-Plan
The S-Plan or Sabotage Campaign or England Campaign was a campaign of bombing and sabotage against the civil, economic, and military infrastructure of the United Kingdom from 1939 to 1940, conducted by members of the Irish Republican Army . It was conceived by Seamus O'Donovan in 1938 at the...
. The Prevention of Violence Act was allowed to expire in 1953 and was repealed in 1973 to be reintroduced under the Prevention of Terrorism (Temporary Provisions) Act.
In 2000, the Acts were replaced with the more permanent Terrorism Act 2000
Terrorism Act 2000
The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism Act 1989 and the Northern Ireland Act 1996...
, which contained many of their powers, and then the Prevention of Terrorism Act 2005
Prevention of Terrorism Act 2005
The Prevention of Terrorism Act 2005 is an Act of the Parliament of the United Kingdom, intended to deal with the Law Lords' ruling of 16 December 2004 that the detention without trial of eight foreigners at HM Prison Belmarsh under Part 4 of the Anti-terrorism, Crime and Security Act 2001...
. See also Terrorism (Northern Ireland) Act 2006
Terrorism (Northern Ireland) Act 2006
The Terrorism Act 2006 is an Act of the Parliament of the United Kingdom. It provided for Part 7 of the Terrorism Act 2000, which would otherwise have expired on 18 February 2006, to continue in force until 31 July 2007, subject to modifications.-Parliamentary debates:The Bill for this Act passed...
.
Powers contained in the Acts
The Prevention of Terrorism (Temporary Provisions) Act 1989 had seven parts:Proscribed Organisations : Allowed for organisations to be made illegal, making membership an arrestable offence. It was also an offence to soliciting financial support for any listed group, display signs of public support, or attend a meeting supporting a listed group or addressed by a group member. The maximum penalty was ten years' imprisonment and an unlimited fine. The initial groups outlawed were the Provisional Irish Republican Army
Provisional Irish Republican Army
The Provisional Irish Republican Army is an Irish republican paramilitary organisation whose aim was to remove Northern Ireland from the United Kingdom and bring about a socialist republic within a united Ireland by force of arms and political persuasion...
(IRA) and the Irish National Liberation Army
Irish National Liberation Army
The Irish National Liberation Army or INLA is an Irish republican socialist paramilitary group that was formed on 8 December 1974. Its goal is to remove Northern Ireland from the United Kingdom and create a socialist united Ireland....
(INLA) in the United Kingdom and numerous loyalist
Ulster loyalism
Ulster loyalism is an ideology that is opposed to a united Ireland. It can mean either support for upholding Northern Ireland's status as a constituent part of the United Kingdom , support for Northern Ireland independence, or support for loyalist paramilitaries...
groups within Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
Exclusion Orders : Exclusion orders could be issued "as expedient" to prevent terrorism relating to Northern Ireland. Orders were issued against individuals to either prevent them entering or being in Great Britain, to exclude them from Northern Ireland, or to exclude them from the United Kingdom. It was an offence to breach an order or to aid another in effecting entry, the maximum sentence was five years' imprisonment and an unlimited fine.
Financial Assistance for Terrorism : As well as the provision under the first part of the Act, contributing, receiving or soliciting financial support for terrorism was an offence under this part also. Additionally, it was an offence to contribute any other resources; to assist in the retention or control of funds for proscribed groups or terrorist acts; or to fail to disclose to the police any suspicions notwithstanding any other restriction. The maximum penalty was fourteen years' imprisonment and an unlimited fine.
Arrest, Detention and Control of Entry : This part allowed for the arrest of individuals without a warrant and on reasonable suspicion that they were guilty of an offence under the Act or otherwise "concerned in the commission, preparation or instigation of acts of terrorism". The period of initial detention was up to 48 hours, this could be extended by a maximum of five additional days by the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
. The detainee was exempted from certain provisions of other Acts relating to the arrest procedure and the legal protection of those arrested. This part also allowed for streamlined search procedures of persons or property and checks under the Act on persons at port or other border controls.
The remaining parts of the Act (Information, Proceedings and Interpretation, Further Provisions for Northern Ireland, and Supplementary) are largely technical, although the Northern Ireland provisions extend the right to search property, restricts remission for those convicted of statutory offences, and tightens control over the granting of licenses under the Explosives Act 1875 (new explosives factories and magazines).
History of the Acts
The first Act was enacted in 1974 following the IRA bombing campaigns of the early 1970s. The Act was introduced by Roy JenkinsRoy Jenkins
Roy Harris Jenkins, Baron Jenkins of Hillhead OM, PC was a British politician.The son of a Welsh coal miner who later became a union official and Labour MP, Roy Jenkins served with distinction in World War II. Elected to Parliament as a Labour member in 1948, he served in several major posts in...
, then Home Secretary, as a severe and emergency reaction to the Birmingham pub bombs. The apparent chronology was that there were pub bombings by the IRA in Birmingham on 21 November 1974. 21 people died and 184 were injured. There was a strong desire to respond to what was perceived as "the greatest threat [to the country] since the end of the Second World War." (H.C. Debs. Vol. 882 col. 743 28 November 1974, Mr. Lyons.) The conception of the Bill was announced on 25 November, when the Home Secretary warned that: "The powers... are Draconian. In combination they are unprecedented in peacetime.' (Ibid. col. 35 25 November 1974, Mr. Jenkins). Parliament was supportive and had passed the Bill by the 29th November, virtually without amendment or dissent. The Bill passed through the Commons on 28 and 29 November and passed through Lords on 29 November. In fact, much of the Bill had been drafted in secrecy during the previous year, as shown in the only full length commentary on the legislation by Clive Walker (See: The Prevention of Terrorism in British Law (2nd ed., Manchester University Press, 1992).
It was rewritten in 1976, 1984 and again in 1989, but continued to stay as emergency 'temporary' powers, that had to be renewed each year. The first three Acts all contained final date clauses beyond the annual renewal, this provision was not included in the 1989 Act.
External links
- Prevention of Terrorism.com Anti-terrorism, pro-liberty website and information
- The origins of Emergency Powers Acts in the UK, Statewatch
- Civil Liberties, Terrorism, and Liberal Democracy:Lessons from the United Kingdom by Laura K. Donohue