Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2017

Debate between Lord Bourne of Aberystwyth and Lord Morrow

Tuesday 18th July 2017 Lords Chamber

[Lord Morrow (DUP)]

My Lords, I, too, commend the Minister for his clarity on this issue. I would like to state clearly that, as far as my party, the DUP, is concerned, we have consistently argued that in any case where there is a significant risk of jury intimidation or a risk of perverse verdicts, it should be heard by a non-jury trial. Equally, offences motivated or aggravated by sectarianism, and crimes involving paramilitary and serious organised crime, including quasi-paramilitary organisations, should also be heard by a judge alone.

There is no doubt that, over the past 30 years and in extremely difficult circumstances, the Diplock court system served Northern Ireland quite well. It helped prevent jury intimidation and avoided perverse verdicts. I hasten to add that it may also have saved lives. Much of the credit must go to the judges who operated the system. They are to be commended and I do so wholeheartedly this evening.

This may be an imperfect way of administering justice, but it is the most satisfactory in the circumstances that prevail in Northern Ireland. My colleagues and I support the Government’s order. We also look forward to the hasty return of the Northern Ireland Assembly. I wish also to clarify to the House that my party, with the biggest mandate in Northern Ireland, is ready to return to the Assembly tomorrow—without any preconditions, without any ifs, ands or buts. We cannot see any reason why the Northern Ireland Assembly is not up and functioning and delivering for the people of Northern Ireland.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in the debate on this statutory instrument and thank them for their universal but reluctant support for it—I think that the noble Lord, Lord McAvoy, summed it up both responsibly and correctly when he talked of the reluctance with which the decision was taken, but said that it was a very necessary decision. I also thank him for the bipartisan approach that has characterised the approach of government and opposition parties on the important issues that confront Northern Ireland. As I have indicated, it is a small number of cases that confront us where a non-jury trial is necessary—it is currently 0.5% of cases—but in my view it is nevertheless the correct approach.

I also thank other noble Lords—the noble Lords, Lord Alderdice, Lord Browne of Belmont, Lord Bew and Lord Morrow, and my noble friend Lord Bridgeman —for their support. Perhaps I may deal first with points that have been made across the piece on the return of the power-sharing Executive and then return to some specific issues quite correctly raised by the noble Lord, Lord Alderdice, and echoed by others.

The return of the power-sharing Executive is absolutely necessary. I find that everybody seems to want it to happen, everyone is willing it to happen, but the two principal parties have not yet gone the final mile necessary. This may be due to a lack of personal chemistry among the leaders. We have seen in the past how the chemistry that has existed between the leaders of the two largest parties has helped them go that extra mile—we saw it with the “Chuckle Brothers” in the early days and then with Peter Robinson—but we have not yet seen it with the “Chuckle Sisters”. I hope that there will be some reflection over the summer and that we will be able to go that extra mile to get to where we need to be. I thank noble Lords for their support in that connection.

I also thank noble Lords for acknowledging that we are doing this reluctantly and keeping it under review. David Seymour, who is doing the independent review of the legislation, will incorporate this into the report so that we are able as soon as possible to end this practice, which I think we all accept is necessary but undesirable.

I thank the noble Lord, Lord Alderdice, once again for his support. He raised a couple of specific issues. The first was the deficiencies of the criminal justice system and the need to increase public confidence. We will respond to that report in due course, but I recognise the need that he reflected there. The second issue that the noble Lord raised, quite correctly, was the importance of confronting paramilitary activity. The noble Lord is aware more than most of the need to tackle that. I thank him for the role that he has played in producing the invaluable report on the way forward.

Noble Lords will be aware—as the noble Lord indicated—that the Executive agreed an action plan for tackling paramilitary activity, criminality and organised crime in July last year. Since the publication of the action plan, work has been progressing to implement those commitments. To date, £9.1 million has been allocated across more than 15 projects, including the establishment of a paramilitaries task force led by the PSNI, which will have support from the NCA and HMRC, to tackle the criminality linked to paramilitaries. I can assure the House that the current situation, with the absence of an Executive at Stormont, has therefore not completely halted this important work; progress continues to be made to push it forward. As the noble Lord will be aware, the fresh start agreement has led to the creation of the Independent Reporting Commission, which will report on progress towards ending paramilitary activity.

That said, there are of course limitations to what can be progressed in the absence of Ministers, in this area as in so many others, and certain issues, including any legislative changes, will not be able to be moved forward until Ministers are in place to take such decisions. That is one more important reason why we need that power-sharing Executive to move things forward in Northern Ireland.

Of course, we will keep matters under review—let us see how they progress over the summer—but it is clear that some important measures will need to be taken if we do not reach a situation where we have a return to a power-sharing Executive. This is just one more of those. So I undertake to keep the House informed as to how we are progressing things should we be in the unhappy position of not having a power-sharing Executive when we come back after the conference season. In the meantime, I again thank noble Lords for their support of this statutory instrument and commend it to the House.