The Northern Ireland (Sentences) Act 1998 (Specified Organisations) (No. 2) Order 1998

Statutory Instruments

1998 No. 2869

PRISONS

The Northern Ireland (Sentences) Act 1998 (Specified Organisations) (No. 2) Order 1998

Made

18th November 1998

Coming into force

19th November 1998

Whereas I believe that the organisations mentioned in the Schedule are concerned in terrorism connected with the affairs of Northern Ireland, or in promoting or encouraging it, and that they have not established or are not maintaining a complete and unequivocal ceasefire:

Now, therefore, in exercise of the powers conferred upon me by section 3(8) of the Northern Ireland (Sentences) Act 1998(1) (“the Act”) I hereby make the following Order, a draft of which has been laid before Parliament in accordance with section 19(2) of that Act and approved by resolution of each House of Parliament:

1.  This Order may be cited as the Northern Ireland (Sentences) Act 1998 (Specified Organisations) (No. 2) Order 1998 and shall come into force on the day after the day on which it is made.

2.  The organisations specified in the Schedule to this Order are specified organisations for the purposes of the Act.

3.  The Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 1998(2) is hereby revoked.

Marjorie Mowlam

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

18th November 1998

Article 2

SCHEDULE

• The Continuity Irish Republican Army.

• The Irish National Liberation Army.

• The “Real” Irish Republican Army.

Explanatory Note

(This note is not part of the Order)

This Order specifies those organisations which the Secretary of State believes are concerned in terrorism connected with the affairs of Northern Ireland, or in promoting or encouraging it, and have not established or are not maintaining a complete and unequivocal cease fire. The organisations mentioned in the Schedule are specified organisations for the purposes of the Northern Ireland (Sentences) Act 1998 (c. 35), which makes provision about the release on licence of certain prisoners serving sentences of imprisonment in Northern Ireland. The effect of specifying an organisation is that a prisoner who is, or who would be likely to become, a supporter of such an organisation is ineligible for release under the Act.

This Order revokes the Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 1998 (1998/1882), which provided that the Loyalist Volunteer Force (“LVF”) was a specified organisation for the purposes of the Act, in addition to the organisations listed in the Schedule to the present Order. Section 3(8) of the Act requires the Secretary of State to keep the list of specified organisations under review, and to make a new order if he considers that the conditions recited in the preamble to the Order no longer apply to an organisation which is specified. Following such a review, the Secretary of State has decided that the LVF should no longer appear in the list.

(1)

1998 c. 35.

(2)

S.I. 1998/1882.