Case grows in UK for legal use of phone tape evidence

THE British government is under amounting pressure to allow evidence gained from telephone taps to be made admissible in courts…

THE British government is under amounting pressure to allow evidence gained from telephone taps to be made admissible in courts of law in Northern Ireland and Britain.

The proposal - already advocated by the retiring Chief Constable of the RUC and the Ulster Unionist leader, Mr David Trimble - is the most radical arising from Lord Lloyd's review of Britain's anti terrorist legislation, published last night.

The senior law lord recommended that the Interception of Communications Act 1985 should be amended so that evidence obtained by wire tapping should be admissible in court, when the warrant authorising interception was issued on grounds of national security.

After some confusion, a Home Office spokesman last night said the government was still "considering" the proposal believed to have been the subject of disagreement between Home Secretary Michael Howard and the Northern Ireland Secretary, Sir Patrick Mayhew.

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However, the pressure continued as Labour's Shadow Northern Ireland Secretary, Dr Mo Mowlam, confirmed that admissibility of wire tap evidence, subject to judicial oversight, bad been part of Labour's submission to Lord Lloyd's review.

The Home Office spokesman said consultations were necessary with the police, security services and others - amid speculation that the new provision could be incorporated in the soon to be published Police Bill.

Lord Lloyd of Berwick said permanent counter terrorism legislation would be needed even if lasting peace was established in the North - and recommended a new Act applicable throughout Britain, covering domestic as well as international terrorism.

While proposing a relaxation of some emergency measures in the event of peace in the North, his report recommended tough new powers in the fight against terrorism. These include:

. a new and more comprehensive definition of terrorism;

. extension of the powers' to proscribe terrorist organisations to cover foreign as well as domestic terror organisations;

. more severe sentences in terrorist cases; and

. statutory discounts of one third to two thirds of sentences for terrorists giving evidence against fellow terrorists.

Lord Lloyd suggests terrorism be defined as "the use of serious violence against persons or property, or the threat to use such violence, to intimidate or coerce a government, the public or any section of the public, to promote political, social or ideological objectives".

Lord Lloyd's review was established last December, before the end of the IRA ceasefire. His brief was to "consider the future need for specific counter terrorism legislation in the UK if the cessation of terrorism connected with the affairs of Northern Ireland leads to lasting peace" but with the caveat "taking into account the continuing threat from other kinds of terrorism".

In the event of lasting peace in the North, Lord Lloyd recommends the abolition of Diplock courts and the restoration of trial by jury; an end to the power to intern; a limit of 48 hours on extensions of detention of suspects beyond the initial 48 hours; and an end to the powers of "internal exile" by which suspects can be excluded under the Prevention of Terrorism Act.

But the Home Office and Northern Ireland Office last night said these proposals were predicated on the assumption of peace and that there would be no dilution of the powers deployed against terrorism.

Dr Mowlam and Shadow Home Secretary Jack Straw welcomed the report as "a very fair piece of work" and said Lord Lloyd's proposals showed how a cessation of violence "could transform the situation in Northern Ireland and the framework of law and order for people throughout the United Kingdom".