THE Government faced a choice of defeat or retreat last night after a parliamentary outcry over plans for reprieves for “on the run” terrorists.

MPs from all parties voiced outrage that fugitives wanted for terrorist offences in Northern Ireland would not have to attend a judicial-style hearing to avoid prison. Gerry Adams, the Sinn Fein leader, caused cries of hypocrisy during the debate after demanding that police and soldiers involved in terrorist killings should not be included in the amnesty.

“In our view, it represents the latest attempt by the British state to conceal the truth about its involvement in the killing of citizens,” he said.

Peter Hain, the Northern Ireland Secretary, told MPs that he was “listening carefully to the arguments” after opposition parties and some Labour MPs demanded that suspects must appear in person.

The Northern Ireland (Offences) Bill, which authorises special tribunals to try such cases in the absence of the defendant if necessary, had its second reading in the Commons after a move to block it outright was defeated by 313 votes to 258, a majority of 55.

But a former Northern Ireland Minister told The Times that it stood no chance of getting through the Lords unless the Government backed down and agreed that fugitives would have to appear in person to qualify for release on licence. Michael Howard and Charles Kennedy put their names to an amendment opposing the Bill on the ground that it amounted to an amnesty to terrorist fugitives. They also objected that it could apply to members of the security forces.

If the Conservatives and Liberal Democrats combine in the Lords to oppose this clause they would be able to defeat the Government. All Northern Ireland’s parties, bar Sinn Fein, which demanded the measure, oppose it vehemently.

Mr Hain, assailed by fierce objections in his opening speech, particularly from Democratic Unionists, admitted that the Bill arose from an undertaking given to Sinn Fein before the IRA statement renouncing violence in July. Pressed by Kate Hoey, one of a handful of Labour MPs who opposed the plan, Mr Hain told her: “We made an agreement to do it. If we had not, there is no guarantee we would have seen the end of the IRA terrorism campaign.”

Reprieving “on the run” terrorists, first raised by Sinn Fein and Ulster Unionists at Weston Park, Shropshire, in 2001 and agreed with the Irish Government in 2003, was difficult but necessary, Mr Hain said.

They would not be offered an amnesty because defendants would be charged, tried and, if applicable, convicted and sentenced. If they were then freed, they would have a criminal record and be on licence and subject to recall if they reoffended, he said. Mr Hain defended the proposed rule that states that a defendant had no obligation to appear in person before a special tribunal, by saying that his judgment was that this would encourage more people to submit to the process. Challenged on why the Government planned a parallel judicial process rather than the criminal courts, Mr Hain again provoked heckling by saying it would jam up crown courts.

Paul Murphy, the former Northern Ireland Secretary, added to the pressure by urging ministers to consider “sensible amendments” on whether the accused should appear in court. “To get this legislation accepted, it has to be accompanied by other measures to give reassurance right across the board.”

Sir Patrick Cormack, Tory MP and chair of the Commons Northern Ireland Committee, said that he would table such an amendment, which would force a vote on this issue at the Bill’s later stages, probably early next year. Iain Duncan Smith, the former Conservative leader, led backbench protests against a decision to put any police, troops or security services charged with offences linked to The Troubles under its provisions. This equated them with terrorists, he said.

ON THE RUN

A number of high-profile fugitives are among the 60 people who stand to benefit from the “On the Run” legislation.

DAVID SHARROCK

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