I propose to take Questions Nos. 44 and 52 together.
Before proceeding with a reply I wish to say that I take the reference to changes in the administration of justice in Deputy Spring's question to refer to the Draft Criminal Evidence (Northern Ireland) order which has been laid before the British Parliament.
The Government are concerned about the implications of this draft order, some of the provisions of which appear to have far-reaching consequences for the administration of justice in Northern Ireland. The measures in the proposed order relate to inferences which can be drawn from a person's silence in certain circumstances. These circumstances are: where a person fails to account for certain matters, for example a stain on his clothing; where a person fails to account for his presence at a particular place; where a person raises in his defence in court a matter which he did not mention when being questioned by the police or before being charged and in the circumstances existing at the time that person could reasonably have been expected to have mentioned the matter; and where a person without good cause refuses to answer any question after having been called by the court to give evidence. The Government's views on the matter have been made known to the British Government.
As regards the broadcasting measures recently adopted by the British Government, the Deputy will be aware of a similar provision in this jurisdiction. The Government do not propose to comment at the present time. They will wish to see how the British measures are operated in practice before taking a view on the matter.
The Government were advised of these measures in advancement of their announcement.
