Conservatives and Ulster Unionists seem set to seek more explicit linkage between proposed prisoner releases and the decommissioning of paramilitary weapons when the issue comes before the Commons on Wednesday.
Mr David Trimble, the UUP leader, gave a broad welcome to the Northern Ireland (Sentences) Bill published yesterday by the Secretary of State, Dr Mo Mowlam. He said the Bill contained the four conditions for releases spelt out by the British Prime Minister, Mr Tony Blair, during the recent referendum campaign. However, he said he would be seeking to amend the Bill to make the situation watertight.
Launching the Bill yesterday Dr Mowlam said she appreciated the measure - implementing the provisions of the Belfast Agreement concerning prisoners - was difficult and painful for many people, particularly the victims and their families, and again asserted there would be no general amnesty.
Dr Mowlam said: "The Bill contains rigorous safeguards as well as incorporating the four factors outlined by the Prime Minister. The safeguards are there to ensure that only prisoners who have genuinely given up violence are released. There will be no general amnesty. The gates of the Maze Prison will not suddenly be thrown open."
Confirming the establishment of an independent body comprising up to 10 Sentence Review Commissioners to review each case on an individual basis, Dr Mowlam made it clear that:
prisoners who belong to organisations which have not declared and are not maintaining complete and unequivocal ceasefires will not be considered for release;
prisoners who are judged to be a danger to the public will not be released;
those who are released will be on licence and can be reimprisoned if they become involved with terrorism again.
Dr Mowlam then repeated the factors which she and the commissioners would have to consider in reaching an overall judgment on whether an organisation was observing a complete and unequivocal ceasefire. These were whether an organisation:
is committed to the use now and in the future of only democratic and peaceful means to achieve its objective;
has ceased to be involved in any acts of violence or preparation for violence;
is not directing or promoting acts of violence committed by other organisations;
and is co-operating fully with the decommissioning body.
However - in a point promptly noted and confirmed by Mr Gerry Adams, the Sinn Fein president - Dr Mowlam made it clear that these factors "are not new preconditions."
Mr Trimble said his party would be tabling amendments "to try to make it watertight" and to probe Dr Mowlam's intentions.
Crucially, the UUP leader said he would be pressing for "clear undertakings by the Secretary of State that the powers in the Bill will be operated in practice fully in accord with the spirit of the Prime Minister's undertakings."
The Conservative Shadow Northern Ireland Secretary, Mr Andrew Mackay, said they would also scrutinise the wording "to satisfy ourselves that the Prime Minister's assurances to the people of Northern Ireland have been fully met." He added that if they were not so assured, "we will not hesitate to move appropriate amendments as we promised."
Conservatives are expected to make their decision on Monday after consultation with Mr Trimble and other unionist parties and following a meeting of their front-bench Northern Ireland team. Dr Mowlam took the unusual step of meeting the Tory team earlier this week, briefing them on the terms of the Bill and seeking to reduce the threat of protracted opposition when it goes before the House of Lords.
Lord Cranborne, the Tory leader in the Lords, last weekend accused Mr Blair of "ratting" on the pledges he had made during the referendum campaign. There would be acute embarrassment for Mr Trimble were the Conservatives to align with the DUP and others in pressing any amendment to introduce a requirement for prior decommissioning of paramilitary weapons to a vote which the government would be obliged to reject.
Up to 400 prisoners, convicted of scheduled offences, stand to benefit under the new scheme over the next two years. The government's intention is that the Bill will complete all its parliamentary stages and become law at the end of June, clearing the way for Dr Mowlam to announce the appointment of the commissioners.
Under the existing early release scheme, set up in 1995, determinate sentence prisoners were entitled to automatic release at the half-way point of sentence. The agreement allows automatic release at the one-third point.
Under the existing scheme approximately 240 prisoners have been released early. Of these only two have had to be recalled for breaching their licences. Under these existing arrangements about half of the remaining prisoners would have been released in the next two years.