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

Debate between Lord Browne of Belmont and Lord Bew

Tuesday 18th July 2017 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, I am pleased to support the order which the Minister has announced. I wish an extension such as the one before us was not necessary. None of us wants to have trials without a jury in place, but given the distinct and exceptional circumstances in Northern Ireland, especially in light of the latest intelligence reports indicating that New IRA is regarded as the most dangerous dissident republican group operating since the 1994 ceasefire, this practical and pragmatic decision to renew the provision for non-jury trials for a further two years is to be welcomed. The integrity of the justice system is paramount and must continue to be upheld and protected. The non-jury provisions therefore continue to be a necessary function in supporting the effective delivery of the criminal justice process in certain cases, and sadly it is a reality that the justice system in Northern Ireland simply cannot do without these provisions at this time.

While reflecting on this order, I feel that it is wholly appropriate to pay tribute to all the brave men and women who have served and continue to serve and administer the rule of law, order and justice in what are difficult and challenging circumstances.

Finally, does the Minister agree that the single best way to deliver a brighter and more peaceful future for all in Northern Ireland is by having in place a strong and stable locally elected Assembly? I and my party remain optimistic and hopeful that devolved governance at Stormont can be re-established as soon as practically possible. We see no barriers to forming workable institutions. The onus is on all the parties involved to get together and in a mature manner work out a practical way forward to end the current impasse. I hope that the day will come when all will fully support the security forces and respect the rule of law, and therefore there will be no need for further orders.

[Lord Bew (CB)]

My Lords, I thank the Minister for introducing this extension order, and I fully but reluctantly support it. I am grateful to him for describing so fairly and accurately the security situation that exists in Northern Ireland now.

There is a problem in that the language that the Minister used, which was entirely justified, was actually sharper than we might have expected at this point in the proceedings; that is, 19 years since the Good Friday agreement. My hope is not so much that the Government are keeping this legislation under review and will be able to dispense with it in any reasonable short order, but that the next time the Minister comes to this House, he will at least be able to talk about the security situation in a more relaxed way than quite rightly he has done today.

I have one coda to add. I am probably slightly more optimistic than the noble Lord, Lord Alderdice, about the return of devolution in the autumn. If it does return, the questions that he has raised in this debate are very important, and I can think of no reason why Her Majesty’s Government would not remind a new power-sharing Executive, when they are put into place this autumn, of the importance of these issues.