Northern Ireland

Debate between Lord Bew and Baroness Randerson

Thursday 29th January 2015 Lords Chamber

[Baroness Randerson]

My Lords, Northern Ireland has been subject to the same attempts at economic stimulus that the UK Government have made throughout the land. It is important to bear in mind that in addition to the strenuous efforts that we have made to deal with the particularly strong problems in Northern Ireland, we have, for example, ensured that the G8 summit, the Giro d’Italia and the World Police and Fire Games were held there. There has of course been a very generous financial package of nearly £2 billion as part of the recent Stormont House agreement. That should set Northern Ireland on the step towards recovery, but it remains important that a peaceful society develops there because the Troubles caused so much economic poverty.

[Lord Bew (CB)]

My Lords, at the heart of the question of equal citizenship throughout the United Kingdom is the question of freedom of expression. The Minister will be aware that in this Parliament we have passed a reform of our libel law enhancing freedom of expression in the rest of the United Kingdom, but not in Northern Ireland. This is indeed a matter for the Northern Ireland Assembly, but will she take this opportunity to remind the House that the Government’s view is that it is desirable to have the maximum possible freedom of expression, as embodied in that recent reform?

[Baroness Randerson]

My Lords, the Government greatly regret the fact that that law has not been introduced in Northern Ireland, and urge those in the Assembly to work on this so that it can be.

Stormont House Agreement

Debate between Lord Bew and Baroness Randerson

Wednesday 7th January 2015 Lords Chamber

[Baroness Randerson]

While entirely supporting the final sentence of my noble friend’s comments, I ask him to bear in mind that it takes a very long period of time to turn around a society as divided as that of Northern Ireland.

[Lord Bew (CB)]

My Lords, on the issue of the past, I welcome the Minister’s explanation that there will be careful monitoring of the results produced by this process. In the light of Mr Adams’ statement a mere three weeks or so ago that the IRA had no corporate memory and therefore could not, in the context of the Maíria Cahill case, contribute in any meaningful way to the work of historical recovery, it is slightly difficult to see how we can have, in the words of the Statement by the Secretary of State for Northern Ireland, a process which is “balanced, proportionate, transparent and accountable”.

One hundred and fifty million pounds is a lot of money. It is 20% of the amount allotted for the Northern Ireland Civil Service early retirement scheme. The taxpayer is entitled to reassurance that there will be careful monitoring of this process and that for this £150 million there will be something approaching a real, balanced process. This cost is proportionately far more than the historical aspects of the Bloody Sunday inquiry, which is reputed to be so highly expensive.

[Baroness Randerson]

The noble Lord points out the complexities of dealing with the range of issues that this agreement covers. The number of bodies being set up is significant. They fulfil a whole range of functions. It is intended that one of them should be established as an international body. It is intended that some of them operate completely independently of political representatives. Others do not, but there is always that balance when there is elected political representation.

It is important to bear in mind that the agreement makes provision for an implementation and reconciliation group to oversee the bodies and the work being done on the past. It is important to bear in mind also that the British and Irish Governments and the Northern Ireland Executive are committed to regular, six-monthly monitoring meetings to ensure that things are proceeding in the fair, balanced and transparent manner that I mentioned.

Northern Ireland: National Crime Agency

Debate between Lord Bew and Baroness Randerson

Tuesday 4th November 2014 Lords Chamber

[Baroness Randerson]

The noble Lord makes some excellent points. It is important to emphasise the huge pressure being put on PSNI while this issue remains unresolved. It is also important to point out that the NCA deals with serious and organised crime which does not respect boundaries. It has been very much more difficult to deal with serious crime—child exploitation, drug related crime, fraud, and so on—since the NCA has not been able to operate.

[Lord Bew (CB)]

As all the parties in Northern Ireland have a very strong and noble position against human trafficking, does the Minister accept that the National Crime Agency has a key role to play in that respect? In their discussions with local parties, do the Government emphasise the important role that the NCA could play regarding human trafficking, which is increasingly troubling to those who pay attention to the affairs of Northern Ireland?

[Baroness Randerson]

The noble Lord makes a very important point. If the parties of Northern Ireland feel vulnerable on this issue, it will hit home hardest on the question of child exploitation and human trafficking.

Northern Ireland: Royal Residence

Debate between Lord Bew and Baroness Randerson

Wednesday 11th December 2013 Lords Chamber

[Baroness Randerson]

My Lords, along with many of your Lordships, I am concentrating on supporting the Better Together campaign. I am not making plans, and neither are my noble friends, for any future situation in Balmoral.

[Lord Bew (CB)]

My Lords, does the Minister accept that the fact that she is able to make this announcement today reverses the great historic error of the 19th century in not having a royal residence in Ireland, and that it can only be done because of the stability brought to Northern Ireland’s constitutional status as a result of the Good Friday agreement of 1998?

[Baroness Randerson]

Hillsborough has been in its current situation since about 1922, I believe, but the noble Lord makes a very good point. It is the stability of the political situation that has made it possible for the Northern Ireland Office to consider new arrangements for the management of Hillsborough Castle, and to ensure at the same time that security levels are maintained. That will be possible under the new arrangements because of the security and political situation.

Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2013

Debate between Lord Bew and Baroness Randerson

Tuesday 4th June 2013 Grand Committee

[The Parliamentary Under-Secretary of State, Wales Office (Baroness Randerson)]

My Lords, this order extends for a further two years the period during which trials without a jury can take place in certain circumstances in Northern Ireland. Without this order, the system allowing for non-jury trials would lapse on 31 July this year.

It is with regret that I propose that this system be renewed for a further two years, but I do so with the knowledge that there remains in Northern Ireland a serious threat from a small but dangerous minority. They have no mandate but seek to drag Northern Ireland back into the past. Their targets are police officers, soldiers and prison officers, but their attacks are felt by the wider community, many of whom face disruption on a daily basis.

The reckless murder of prison officer David Black, in November 2012, by a group referred to as the “new IRA” was an unwelcome reminder of the continuing threat posed by dissident republican terrorists. This new grouping primarily consists of members of the Real IRA, Republican Action Against Drugs, which conducts brutal shootings against nationalist members of the community, and a number of unaffiliated individuals, who we believe have connections to the fatal attack against Massereene barracks in 2009.

The Police Service of Northern Ireland and its counterpart in the Republic of Ireland, the AGS, continue to thwart the efforts of such groups. Across the island of Ireland, 173 arrests and 64 charges were made during 2012. There were also 18 convictions of individuals involved in planning and participating in attacks. So far this year, there have been 63 arrests, 32 charges and 18 seizures. Many more attacks have been thwarted and disrupted.

It is therefore vital that there are means available within the criminal justice system to allow the perpetrators of these attacks to be brought before the law. We must recognise that Northern Ireland is still unfortunately in a unique situation, and the non-jury trial provisions provide a unique solution to a small number of cases. Noble Lords will know that jury trials in Northern Ireland are not safe from disruption by those involved in terrorist activity. Public galleries are at times crowded with members of the public. The close-knit nature of society in Northern Ireland means that jurors are vulnerable to intimidation. This can result in, at best, a partisan verdict.

I thought it would be helpful if I outlined the processes involved in order to obtain a non-jury trial. The Director of Public Prosecutions issues a certificate which allows for one. The DPP can issue a certificate for a non-jury trial only if he believes that one or more of four statutory conditions, which are laid out in Section 1 of the Justice and Security (Northern Ireland) Act 2007, are met. Condition 1 is that the defendant is, or is an associate of, a member of a proscribed organisation. Condition 2 is that the offence was committed on behalf of a proscribed organisation or that a proscribed organisation was involved. Condition 3 is that an attempt has been made by or on behalf of a proscribed organisation to prejudice the investigation or prosecution. Condition 4 is that the offence was committed as a result of, or in connection with, religious or political hostility.

Noble Lords will be aware that a proscribed organisation is one that is concerned with terrorism. It can also be seen that the four conditions relate specifically to the circumstances of the offence and the defendant. Furthermore, the DPP must be satisfied that there is a risk that the administration of justice might be impaired if a jury trial were to be held. There is a clear distinction here between this system and the previous Diplock court arrangements which were in place prior to the Justice and Security (Northern Ireland) Act 2007. The Diplock system saw all scheduled offences tried by a judge alone. Today, there is a clear presumption that jury trial will take place in all cases. Certificates are issued only when absolutely necessary in the interests of the administration of justice and where the particular statutory tests are met.

Noble Lords will also wish to be aware that not all cases proceed to a non-jury trial. The PSNI holds no right to stipulate that a non-jury trial takes place, and the Director of Public Prosecutions acts with discretion and independence in deciding whether to issue a certificate. Hence the number of non-jury trials in Northern Ireland remains relatively low. So far, in 2013, the DPP has issued just eight certificates for non-jury trials and one request has been refused. In 2012, 25 certificates were issued and three were refused. However, while they are low, these figures are still significant and show the ongoing need for non-jury trial.

I know that this is now the third such renewal of these provisions and there is some concern about that. I am also aware that during the last renewal in 2011, noble Lords expressed concern about the limited consultation that was held at the time. I can, however, inform noble Lords that prior to taking a decision on the renewal of the provisions this time around, the Northern Ireland Office canvassed opinion from the main stakeholders linked to the operation of non-jury trials in Northern Ireland. This included the PSNI, the Department of Justice, the Northern Ireland Courts and Tribunals Service, the PPS in Northern Ireland and the Office of the Lord Chief Justice. The consensus among all of those stakeholders was that the present threat environment is not dissimilar to that surrounding the previous renewal and, as such, all were in favour of renewing the provisions as they currently stand.

The canvassing exercise did, however, inform the Secretary of State’s decision to hold a limited consultation again for the 2013 review. In reaching her final decision on whether to seek the renewal of the provisions, the Secretary of State then formally consulted with those who have direct involvement in the operation of the system, including members of the judiciary, the security forces, human rights groups and political representatives.

The noble Lord, Lord Carlile of Berriew, the Independent Reviewer of National Security Arrangements in Northern Ireland, who has previously scrutinised the non-jury trial system, concluded that trials are not safe from disruption and recommended renewal of the provisions for a further two years. The Attorney-General, in his capacity as Advocate-General for Northern Ireland, also agreed that in view of the current circumstances a further two-year extension should be sought.

Although there was some limited opposition to renewal, the overwhelming response from the consultation acknowledged that the security situation in Northern Ireland rendered the provisions necessary, at least for a further two years. I can assure noble Lords that the Government do want to see a return to full jury trial in all cases in Northern Ireland, but this should happen only when the security situation permits and your Lordships will know that we are not there yet. Given the current severe threat from Northern Ireland-related terrorism and its bearing on criminal trials, now is not the time. The renewal of these provisions for a further two years is, regretfully, the only way forward at present.

The Government remain fully committed to tackling the threat from terrorism and keeping the people of Northern Ireland safe and secure. It is with this responsibility in mind that the Government seek to renew the non-jury trial provisions. I commend the order to the Grand Committee.

[Lord Bew]

My Lords, I thank the noble Baroness, Lady Randerson, for introducing the order, which I reluctantly support. I have only one question. At one point the noble Baroness said that all stakeholders who were consulted accepted the need for the continuation of these arrangements. The document actually says that the majority of respondents to the consultation accepted the need for the continuation of these arrangements. Is it possible to be told a little more about the arguments of the minority and how strongly they were stated, even, if possible, where they came from and, indeed, if this represents any difference of view among the political parties? However, as I said in my opening remarks, I regretfully agree absolutely with the Government that the situation in Northern Ireland at the moment is such that it is necessary to continue with these arrangements. I hope very much that it will not be too long before the Minister can come to the Dispatch Box and give us better news, but she has had no alternative than to make the announcement that she has today.

Northern Ireland

Debate between Lord Bew and Baroness Randerson

Thursday 10th January 2013 Lords Chamber

[Baroness Randerson]

I thank the noble Lord for his question. I agree wholeheartedly that it is absolutely essential that the UK Government maintain an interest in what is happening in Northern Ireland and that there are very close links between the Northern Ireland Office and the Northern Ireland Executive. I know that those links exist and that they are very active. The Secretary of State has been in daily contact with the Northern Ireland Executive and Ministers in the last few weeks. We must not accept violence on the streets of any of our cities. What is perhaps most poignant about the recent weeks is that we had almost come to believe that Belfast was entirely stable and secure from the outside. I think it has come as rather a shock to many people how difficult it has been to control this violence.

[Lord Bew]

My Lords, I thank the Minister for presenting this debate and for both its tone and its detail. I would like to focus just on one point: the mode of address of government in these circumstances.

One of the reasons for what has happened and for the many disgraceful scenes that we have seen on our television screens—I come from east Belfast and I have seen them happening right in front of me—is a sense among a wide section of the unionist community that some kind of erasure of their British culture is going on. I do not want to comment on the validity or otherwise of that perception. However, there is no doubt that part of the reason why respectable sections of unionism initially showed some sympathy for these protests is dependent on that feeling. It seems to me that there might be a case for the Government attempting to address it. This Government in particular have made a point of saying that they are not tepidly neutral on the union. This is a complicated question that has to be addressed with balance.

My next point will have no effect on the young people who are rioting, but if the Government remind the people of Northern Ireland that their place within the union, based on the principle of consent, is secure and that the Government are in no sense tepid about this prospect, that would help to draw away support for this protest from respectable sections of unionism. By the way, I believe that that drawing away of support is already happening.

[Baroness Randerson]

My right honourable friend the Secretary of State made it absolutely clear in her response in the other place this morning—I repeat it here this afternoon—that the union is secure and that this Government are committed to it in every respect, but that does not mean that there can be a lack of respect for people who come from different backgrounds. It is absolutely essential that the future of Northern Ireland is based on respect for those who see themselves from the perspective of Britishness and those who emphasise their Irishness. The two have lived together for the past 20 years as the peace process has developed, and that must continue. There must be mutual respect and respect for democratic decisions. I think that anyone who thought that supporting, or giving tacit approval to, protests on the streets of Belfast now realises that they have dealt with a very dangerous situation.