Northern Ireland: Political Developments

Debate between Lord Bew and Lord Dunlop

Tuesday 28th March 2017 Lords Chamber

[Lord Dunlop]

I will certainly reflect on what my noble friend has said. As is clear from the Statement, our focus is on getting the parties round the table to agree the outstanding issues so that we can form an Executive at the end of this window of opportunity. That must be the focus of our efforts at present.

[Lord Bew (CB)]

My Lords, one of the few positive elements that the Minister was able to give us this afternoon was his reference to progress on accountability and transparency in government, the absence of which played a role in the generation of the scandal that has been so damaging to the institutions. Will he say a little more about what the parties have agreed, or may be in the process of agreeing, to enhance the accountability and transparency of the work of the Executive should they return, as we all hope that they will?

[Lord Dunlop]

As the discussions are ongoing I do not want to talk about what must necessarily be confidential discussions. However, I know of the noble Lord’s long-standing interest in this subject and would merely reiterate that there has been progress on these issues in the immediate preceding period.

Northern Ireland: Devolved Powers

Debate between Lord Bew and Lord Dunlop

Wednesday 18th January 2017 Lords Chamber

[Lord Dunlop]

I do not accept the premise of the noble Lord’s question. Both the Prime Minister and the Secretary of State for Northern Ireland have been very actively engaged in talking to the Taoiseach and the parties in Northern Ireland. We will continue to leave no stone unturned to ensure that we are in the best possible position after the election to re-establish a fully functioning Executive.

[Lord Bew (CB)]

The Minister will be aware that just before this major crisis broke, the Northern Ireland Office issued a document on the issue of the donations to political parties, which are private and secret matters in Northern Ireland, for very good historic reasons. It is now calling for a consultation, giving the impression that it wants to review policy in this area. Does the Minister agree that, in fact, it is the suspicions in and around donations related to this great financial scandal which complicate the matter? Will the Northern Ireland Office carry on this work despite the fact that there are many other grave matters at this time?

[Lord Dunlop]

I agree very much with the noble Lord that this is an important matter. Indeed, the Secretary of State for Northern Ireland wrote recently to all the political parties in Northern Ireland to seek their views on it by 31 January, so that we are in a position to move forward with this once we have had the election.

Northern Ireland: Paramilitary Groups

Debate between Lord Bew and Lord Dunlop

Tuesday 20th October 2015 Lords Chamber

[Lord Dunlop]

It is absolutely right that the police need to pursue all leads and follow the evidence wherever it goes, because we want to bring to justice the perpetrators of any criminal actions. The issue is that, in order to bring criminals to justice, we need evidence, and sometimes it is difficult to obtain information from local communities, for reasons that are well known to noble Lords. I agree absolutely with the noble Baroness’s sentiment that we need to bring criminals to justice and leave no stone unturned in that mission.

[Lord Bew (CB)]

My Lords, I congratulate the Government on the Statement and on the tone with which it was delivered, because this matter is fundamental. There will continue to be debates on some of the key points, in particular whether—as the Secretary of State said in the other place—there is no evidence that money obtained by crime is being used for political purposes. If that is true—and I have no evidence to challenge that view—it is the first time in the modern history of the republican movement, provisional or official, that crime has been carried out purely for the individual advantage of members. It will be a real novelty if it is true.

However, the really important thing is what the Minister said at the end of the Statement, when he acknowledged that the assessment does not provide all the answers. The Secretary of State said in the other place that there are still important questions to be asked about paramilitary activity in Northern Ireland. That tone is important. We have difficulties in the peace process not because of the dark side of certain developments—which the people of Northern Ireland well understand—but because, at the time of the re-creation of the institutions, certain achievements of the IRA ceasefire were oversold. Claims were made—that there would be no further recruitment, that the IRA had ceased to exist entirely—that, in retrospect, no longer stand up to examination. The people of Northern Ireland are well aware of that.

This is a difficult situation, but it could be got through by the Government maintaining a constantly honest, open and questioning attitude to the realities. That would help the peace process. Does the noble Lord agree?

[Lord Dunlop]

I very much agree with what the noble Lord said. I do not wish to add to what the Secretary of State said in the other place, but I agree that tone is important—being open, transparent and not shying away from the difficult questions that have to be addressed. That is what the job will be over the coming days as the talks proceed.

Northern Ireland: Political Developments

Debate between Lord Bew and Lord Dunlop

Tuesday 15th September 2015 Lords Chamber

[Lord Dunlop]

Before replying to my noble friend’s question, I take this opportunity, on the eve of his retirement from this House, to pay tribute to the many years of public service he has given and his distinguished record as a former Northern Ireland Secretary.

Clearly, as I have said already, the IMC is very much an option for consideration. We do not want to prejudge what proposals the parties might put forward, but as I said earlier, the remit would be very different because the circumstances are very different.

[Lord Bew (CB)]

My Lords, I cannot prevent myself joining in the tribute to the noble Lord, Lord Brooke, who was Secretary of State for Northern Ireland at such a difficult time and carried out the job with such distinction.

I very much welcome the tone of the Minister’s remarks today about the IMC and, indeed, the broad tone in the other place. As he rightly said, it cannot be a simple return of the IMC, and there is much discussion to be had about this. I shall put to the House the most profound reason why it is a good idea. Some months ago, Committee A of the British-Irish Parliamentary Assembly—on which the noble Viscount, Lord Bridgeman, and I serve, as do members of Fine Gael and Fianna Fáil—presented a report in the Dáil Éireann on these issues of criminality and cross-border smuggling and their relationship to politics. There was a good debate and a couple of good newspaper follow-up stories but ultimately, after that, Committee A’s report was forgotten about. It goes right to the heart of these matters of criminality. The return of the IMC would, tragically, not have stopped the two deaths that we have just seen. However, as I hope the Minister will agree, an open and honest discussion of issues relating to criminality and politics in Northern Ireland, such as we have tried to have in Committee A, would provide greater clarity and carry greater clout with the media. It can only be healthy. It would not have saved these two men’s lives or solve all problems, but it would be a contribution to a clear atmosphere. Yesterday, Mr Gerry Adams very helpfully said that he wants to address the unionist community and say something reassuring, and I do not dismiss that. I am glad that he at least said that. But there is no possibility that anything that he says can have any weight. The crucial thing is to have a new independent body that will have control of the media agenda. That is the great case for the return, in a modified form, of the IMC.

[Lord Dunlop]

The noble Lord brings great experience of these matters to this debate and I very much take on board what he has said. I will make sure that his points are reflected to my right honourable friend the Secretary of State for Northern Ireland.

Northern Ireland: Political Situation

Debate between Lord Bew and Lord Dunlop

Tuesday 8th September 2015 Lords Chamber

[Lord Dunlop]

I thank the noble Baroness for her questions. First, this Government are very committed to devolution, which has widespread support in Northern Ireland. The crux of devolution is local elected representatives being responsible for local issues. As I have said, the Stormont House agreement is a package of measures and the UK Government are delivering their responsibilities under that agreement. We have already legislated on corporation tax and are bringing forward next month legislation to implement aspects of setting up institutions under the Stormont House agreement. However, we feel that it is important that the parties in Northern Ireland have responsibility for taking forward those aspects of the agreement for which they are responsible. The Secretary of State has now stepped in to facilitate these talks, and she will progress them with urgency over the next three to four weeks.

The noble Baroness is absolutely right with regard to the police investigation. We support it, and it is important that the lines of that investigation are pursued without fear or favour and that the perpetrators are brought to justice. It would be inappropriate for me to comment further.

[Lord Bew (CB)]

My Lords, already in this discussion there has been mention of the IMC, and we all listen with enormous respect to the words of the noble Lord, Lord Alderdice, on this subject. He is quite right: the return of the IMC is not a silver bullet—there are wider issues at stake here. However, does the Minister agree with the Irish Foreign Minister that it is something worth discussing, for two particular reasons?

One reason is that, since the Good Friday agreement in 1998, which had only a slender majority within the unionist community, there is now much wider acceptance within that community of the institutions of power-sharing devolution across a very broad spectrum. That underlying stability is helpful at this moment. However, there is also a need to send a signal of clarity about criminal activities. There are not just two choices; there are three. Is there a terrorist organisation in play here? Not in the old sense—the IRA is not that. But is this personal crime? That, I think, is open to question. The report of Committee A of the British-Irish Parliamentary Assembly, on which I sit and which has support across this House and across all the parties in Dáil Éireann, drew attention to the fact that it appears to be a criminal empire designed to support a political party. That is a slightly different question. So there is need for reassurance. Lord Alderdice is quite correct: the IMC is not a simple solution to many problems. However, does the Minister accept that it could have a role in giving that reassurance and reinforcing the underlying political stability that does exist in Northern Ireland, because there is widespread community consensus in favour of the power-sharing institutions?

[Lord Dunlop]

The noble Lord, Lord Alderdice, has drawn attention to quite a number of practical considerations. I can confirm that the Government do regard this as an option that is worthy of consideration and it will certainly form part of the talks that are about to start.

Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2015

Debate between Lord Bew and Lord Dunlop

Wednesday 22nd July 2015 Lords Chamber

[The Parliamentary Under-Secretary of State, Scotland Office (Lord Dunlop) (Con)]

My Lords, under this order, trials without a jury can take place in Northern Ireland for a further two years from 1 August 2015. Without this order, the current provisions will lapse on 31 July. This is the fourth such extension of these provisions. Noble Lords will understandably want to assure themselves that a further extension is justified.

As Northern Ireland continues its progress towards peace and stability, the proposal to extend the system of non-jury trials is not made lightly. We continue to face a severe threat from dissident republican terrorism in Northern Ireland; there remains a minority of committed terrorists who seek to undermine our progress using lethal violence and intimidation. The explosion of a device in Lurgan last Saturday is the eighth national security attack in Northern Ireland this year. It was an attempt to murder police officers who serve the community with bravery and dedication, and it demonstrates once again the severity and persistence of the threat we face.

We all want to see progress towards normalisation in Northern Ireland. We must recognise, however, that Northern Ireland is still in a unique situation. The non-jury trial provisions in the 2007 Act continue to provide an appropriate response to a very small number of cases. Without such provisions, trials in Northern Ireland would not be safe from disruption, and justice would be put at risk in the most serious of cases.

I can assure the House that the Government would move to end the exceptional system of non-jury trials in Northern Ireland as soon as it was no longer necessary. However, this should happen only when the security situation allows. Regrettably, we are not there yet. Police, prison officers and military personnel remain the principal targets of attacks for violent dissident republican groupings. Attacks such as the one in Lurgan at the weekend demonstrate a blatant disregard for human life and put the wider public in danger.

Noble Lords will be aware that such attacks are not isolated events. In June an explosive device was placed under a police officer’s car in Londonderry in another attempt to maim or kill. Earlier in the year a postal improvised explosive device was sent to the Police Service of Northern Ireland headquarters, which could clearly have caused harm to postal workers. A further device exploded at the Probation Board offices in Londonderry in April and the remains of another exploded device were also found on the Belfast to Newry railway line.

Over the last year there has been a rise in paramilitary-style attacks by both republican and loyalist groupings as a means of exerting fear and control within their own communities. In-fighting also persists within loyalist paramilitary organisations in Northern Ireland, remaining a cause for concern for the wider community. Threats and acts of violence towards police and public bodies demonstrate continued attempts at intimidation of individuals and communities, and under these circumstances we must not allow the criminal justice system to be put at risk.

I will now turn to the process for obtaining a non-jury trial. The Director of Public Prosecutions for Northern Ireland issues a certificate which allows for one. The DPP can issue a certificate for a non-jury trial only if, first, he suspects 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, or has at any time been a member of an organisation when it was a proscribed organisation, whose activities are connected with the affairs of Northern Ireland. Condition 2 is that the offence was committed on behalf of such a proscribed organisation, or such a proscribed organisation was otherwise involved. Condition 3 is that an attempt has been made by or involving a proscribed organisation connected with Northern Ireland 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. Furthermore, the DPP must be satisfied that, in view of one or more of these conditions being met, 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 pre-2007 Diplock court arrangements—a term which has previously been used erroneously to describe the current system. The Diplock system saw a presumption that all scheduled offences would be tried by a judge alone. Today, there is a clear presumption that jury trial will take place in all but the most exceptional cases.

Certificates are issued only in a very limited number of cases. So far in 2015, the DPP has issued just nine certificates for non-jury trials. During 2014, 18 certificates were issued. To put this into context, in 2014 only 1.7% of all Crown Court cases in Northern Ireland were conducted without a jury. The figure so far for 2015 is 0.7%.

In keeping with the approach followed in 2013, the Secretary of State conducted a targeted consultation to gather views from 35 interested groups and individuals, including representatives of the main political parties in Northern Ireland, independent reviewers, human rights and other NGOs, security forces, and practitioners in the criminal justice system. In total 19 responses were received: five were supportive of extension; three were opposed; and 11 expressed no clear preference but did not object.

The Secretary of State decided to seek an extension of the provisions, having considered all the responses received, in conjunction with her view of the security situation in Northern Ireland and the potential for disruption of criminal trials. It is important to note that there is no limit in the legislation on how many times the provisions can be extended. However, given the understandable concerns around the repeated extension of these provisions, and mindful of previous calls for wider consultation, the Secretary of State has asked officials to prepare a public consultation ahead of the next expiry in 2017. This will inform a wider review of non-jury trials in Northern Ireland and how certificates are issued and may be challenged. This should not be perceived as the Government questioning the necessity or validity of the provisions for Northern Ireland’s current situation; rather, it is a positive commitment towards openness and a desire to consider the views of the wider public on provisions that would, by 2017, have been in operation for 10 years.

Let me again emphasise that the Government remain fully committed to tackling the threat from violent paramilitaries and keeping the people of Northern Ireland safe and secure. This includes doing all that we can to ensure the effective administration of justice. The noble Lord, Lord Carlile, the independent reviewer of national security arrangements in Northern Ireland, noted in his response to the Secretary of State’s targeted consultation in 2015 that,

“there remains clear evidence of residual dissident activity with some technical ability, access to weapons and explosives, and the ambition to undermine the democratic process in NI”.

The noble Lord goes on to say:

“It is rational and logical to believe that dissidents would strive to undermine criminal trials of their friends and confederates. This would be likely to include the intimidation of jurors - a form of perverting of the course of justice that can be formidably difficult to detect”.

It is clear that the non-jury trial system is not being overused and that it remains necessary for the very small number of cases in which it is applied for the administration of justice in Northern Ireland. I commend the order to the House.

[Lord Bew (CB)]

My Lords, I rise briefly, with a heavy heart, to support this approval Motion. I am very grateful to the Minister for the way in which he has explained the context fully and fairly. I would add only one consideration, which is that another destabilising element in the recent situation was the large paramilitary display by the INLA at the weekend in Derry. It contributes to a picture where, unfortunately, it is necessary to maintain this particular provision. I am very grateful to the Minister for saying that there will be a wider consultation next time out.

I have been speaking on these Motions since my arrival in this House, and I would love to think that, 10 years in, next time out the Minister will have better news for us. I support the approval Motion today.