Roads: Motorists and Cyclists

Lord Glentoran Excerpts

Wednesday 7th March 2012 Lords Chamber

Asked By

[Lord Glentoran]

[Lord Glentoran]

My Lords, bicycles and those who ride them have been making the headlines for a few weeks since the Times newspaper started a campaign after one of its employees was badly injured in an accident involving a lorry. I am not out to knock bicycles today—quite the reverse. I believe that they are practical vehicles and the exercise they provide should help to contain obesity, which at home in my province is the most serious medical problem, especially among young people. In short, I support encouraging the use of bicycles.

I want to quote from a brief I received from the mayor’s office today:

“The Mayor of London is committed to turning London into a ‘cyclised’ city where people see cycling as one of the best ways to get about. Cycling, with all its social, environmental, health and financial benefits, has an important role to play in the future of the capital, and the Mayor is working with TfL to deliver a 400% increase in cycling by 2026, compared to 2001 levels, while making cycling safer, more attractive and more convenient … In conjunction with this growth the Mayor has prioritised improving cyclist safety. In March 2010 TfL published the Cycle Safety Action Plan designed to help reduce the number of collisions on London’s roads involving cyclists, which has led to numerous successful initiatives which continue to be rolled out across the city … The Mayor is now calling on the Government to take forward new nationwide policies, including changes to vehicle regulations and changes to driving tests, to help improve the safety of cyclists across the country … TfL supports the London boroughs in providing cycle training to people who live, work or study in their borough. In 2010/11, 8,350 individuals were trained, which represents a 42% increase on 2008/09 … TfL funds the Met police Cycle Task Force, a team of 30 police officers who patrol London on bikes, engaging and educating all road users and taking action against irresponsible behaviour. In 2010, a six-week operation resulted in more than 900 Fixed Penalty Notices being issued to drivers and motorcyclists in relation to responsible and safer driving”.

Most of the media coverage recently has been aimed at motorists and those responsible for road safety. There are undoubtedly issues here, but there are also issues for the cyclists themselves. If bicyclists choose to use the Queen's highway, I suggest that they must learn the rules of the road and obey them. They should familiarise themselves with the Highway Code and obey it. How often do we see bicycles on the pavement, shooting traffic lights and riding too close to lorries and cars?

We need a change of culture among cyclists. We need them to have some form of third-party insurance so that when they run into a pedestrian—me crossing the road from Westminster to the cathedral on my way home—there will be some form of recompense. It should be compulsory by traffic law and health and safety regulations for bicycle riders to wear a minimum of protective clothing such as helmets and an orange or yellow top. They should carry lights and ideally at night wear reflective armbands, helmets and gloves. How many times at night have we been walking in London and not seen a bicycle until it has practically hit us—no protective cover, no fluorescent clothing, no lights, and probably going at 30 or 40 mph?

It will be of little value bringing in the changes that I have suggested and many more if they are not well publicised, understood and most important of all, enforced by the authorities. I ask Parliament and the media to assist in bringing this culture change to the cycling community in the hope that when it is paired up with the capital expenditure proposed by the mayor and the Government it will mean safer roads, safer pavements and a safer time in the city for pedestrians as well as bicyclists.

Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2011

Lord Glentoran Excerpts

Monday 4th July 2011 Lords Chamber

[Lord Maginnis of Drumglass]

My Lords, I support the Motion before the House, albeit with some disappointment, as one who 13 years ago sat beside the noble Lord, Lord Trimble, during negotiations and hoped that we would no longer, and certainly not at this stage, have non-jury trials. However, a number of people in Ireland want to keep alive the distrust that exists between two traditions. Those people do not have—and I say this with some confidence—the sort of grass-roots support that previous terrorist organisations had. None the less they have the ability to kill policemen and civilians. Just recently they have issued a threat against prison officers, saying that they intend to kill prison officers because the “hotel” at Maghaberry is not quite to their liking. The reality is that this, though it may be a last stand, still presents a difficulty and presents huge challenges to the security services and to the community as a whole.

There are certain things that are going for us. I am optimistic—I am never quite sure that I can be as optimistic as some of my noble friends from this side of the water. There is always a threat, always a hiding place, but I think that it is appropriate at this time—and it is not every day that I say this—that I praise the Garda Siochana, whose attitude, under the leadership of the very recently retired Commissioner Fachtna Murphy, has been exemplary. There is no equivocation, there is none of this, “Well, we’ll find the arms dump, but we’ll let the culprits escape”. They have found the culprits, they have taken them to court and convicted them. That has sent a huge and very important message to Northern Ireland that there is no all-Ireland desire to have violence continuing.

For somebody who has been involved in security and Northern Ireland affairs for as long as I have, there is always the temptation to say that we did it better when it was more difficult. I simply hope that our police service, the Police Service of Northern Ireland, does not slip into a comfort zone which assists people who are dissident IRA and a number of other people who would embark on loyalist violence again—I have never, I hope, been someone who looked purely at one side of the community, or the threat to one side of the community. There is a necessity now for a common-sense approach, a need to ensure that fewer people are put under pressure. I am talking now about juries and I think that the Minister is very wise in what he has suggested this evening; that we have to protect not only those who would be targets of the potential terrorists but those who would become targets as members of a jury. Indeed, as recently as this week we have seen prison officers being highlighted for targeting.

I should not sit down without saying something that I hope will be heard by all the authorities in Northern Ireland, particularly the Northern Ireland Office. I have said one or two kind things, I am going to say one or two unkind things—perhaps one unkind thing—and that is that the degree of communication at the moment is not satisfactory. I hope that the Minister will take that message away. There are those of us sitting in this House who have many years of experience and whose advice is never sought. More than that, I feel that sometimes our advice is avoided.

With that, I simply say that I support—like the previous speaker, I hope that in two years’ time, I will not have to support it again—the continuation of the non-jury trials at this stage.

[Lord Glentoran]

My Lords, I did not intend to come into this debate, but the noble Lord, Lord Maginnis, said two things that worry me. He suggested that the PSNI is getting complacent. I do not believe that to be true. It is under threat continuously. He and I have met widows in recent times. That is not right. For four or five years now, I have worked with the Secretary of State and no one is more diligent or more energetic than my right honourable friend Owen Paterson. The communication is very free and ongoing, and Owen does not hide anything from anyone. He tells it as it is. If the noble Lord does not like the way in which it is coming out, that is different. But it is the way it is.

[Lord Alderdice]

My Lords, I am grateful to my noble friend for outlining the background to the order. I should like to pick up one or two of the comments. Like other noble Lords, of course I regret the fact that it is necessary for this order to come forward again. Perhaps, particularly today, noble Lords might expect me to say that such a thing should not be necessary. In the final IMC report published today, we have said again that it is time for peace process institutions to pass into history and for the proper administration of politics and the rule of law to take place under Northern Ireland authority by Northern Ireland elected representatives.

I and my colleagues very much stand by that but it does not necessarily mean that the particular process to which we are referring today should be set to the side immediately. I want to take that a little further. It is clear that there are those in Northern Ireland on the republican side—we sometimes call them dissident republicans—who simply are not persuaded that political arguments should not be made through threat or actual use of violence. They continue to believe that. For a very long time there have been people who have taken that view in Ireland, north and south as well as elsewhere.

As the noble Lord, Lord Maginnis of Drumglass, said, it is also clear that there are those in the loyalist community who continue to use violence. With regard to them, I see little evidence that there is any political agenda at all. It is very much about self-aggrandisement and crime. In some cases it is a kind of incipient attack on the police and the historic inquiries team, because some of them simply do not want their past crimes to catch up with them. They want to foment violence, trouble and sectarianism within their own loyalist community.

My difficulty, and I think my noble friend will agree, is that despite the fact that the previous Government indicated that a more substantial process would take place, the consultation was very limited. It seems to me that, the next time round, there needs to be a much more substantial consultation at a much earlier stage. Over the past number of years the majority of people—and I say this from my experience in the IMC—have been increasingly prepared to come forward to give evidence and material, to participate in juries and so on. However, I am not wholly sure that we will get to a place in the next two years, or perhaps even a little longer than that, when there will be no fear and no reason for fear in the community.

It seems to me that there is something fundamentally unsatisfactory about telling ourselves that in two years it will be fine; in two more years it will be fine; and in another two years it will be fine. We know how long the provisional can stay and that it can become rather permanent. I do not think that that is satisfactory. I wonder whether the notion of non-jury trials is such that they will have to be with us for quite some time. They are not for widespread use—we are talking about only a dozen or perhaps two dozen individuals over a period of 12 months. However, it is still a significant number.

I come back to a matter that I and colleagues in the Alliance Party have spoken about in the past—that in such non-jury trials a number of judges might sit together, not on the basis of a two-year order but perhaps on a longer-term basis in circumstances where it proved necessary. We have seen such circumstances in the Megrahi trial, for example, which was a three-judge court, with appeal to a five-judge court.

In the past, the argument made by the judicial authorities in Northern Ireland when there were a very large number of cases was that it was completely impossible as the number of judges required would make it completely impractical. There was some force in that argument. However, where we are talking about a very small number of cases it does not seem unreasonable to believe that the judiciary in Northern Ireland might be able to sustain the numbers required. In theory the Diplock courts were unsatisfactory; in practice complaints about justice during the Troubles were more about perverse outcomes such as the Birmingham Six and the Guildford Four, which were jury trials, rather than the actions of judges in Northern Ireland. It says a great deal about the calibre of the judges in Northern Ireland over many years that there were not an enormous number of complaints. In principle it was not satisfactory but in practice there was relatively little complaint.

[Lord Alderdice]

As ever the noble Lord is alert and well ahead of the argument. There is a case that, rather than waiting for two years, when we would have little opportunity but possibly a modest consultation and a repeat of the order, perhaps after only one year there could be a much more serious consultation process that would look at the question of whether a more substantial change might be made. For example, a more permanent arrangement which had three judges sitting in such non-jury cases might be considered. I say “after only one year” because quite clearly it would require substantial primary legislation that would require serious consultation and thought. However, I feel that it would not be good for us to get into a position where every two years we repeated this because we could not think it through properly. It is much better to come back for a proper consultation, not with just 11 returns but with a more substantial debate which gave time for proper primary legislation. I fear—from my own experience and I rather suspect that of other noble Lords with experience in Northern Ireland—that those on the loyalist side and the republican side who may be prepared to threaten juries and otherwise use threats and intimidation may not disappear in two years or four years or six years. Some of the cases of violence in the last little while will take quite a while through the process.

[Lord Glentoran]

To some extent I considerably disagree with the noble Lord’s proposition. I understand where he is coming from but I feel that psychologically to impose a permanent trial system without judges, a Diplock court system, is admitting defeat. I am still an optimist, even now. I still think that we will be able to get back to proper democracy and judicial processes. I cannot go along with the idea that we set up this non-jury system of trials for as long as we want. The other thing I like about the present system is that it reflects the state of play in Northern Ireland because the heart of the state of play on one side is financial and on the alternative side it is terrorism and criminality and the way the judicial processes are working. It is very important that this should come back to your Lordships’ House and to the other place once every two years.

Northern Ireland: Bill of Rights

Lord Glentoran Excerpts

Tuesday 15th March 2011 Lords Chamber

[Lord Shutt of Greetland]

My Lords, as I indicated earlier, I will do my best to speak for this Government. It is someone else’s job to speak for the Government of Ireland. However, in another coalition agreement, between Fine Gael and Labour in the south, there is one line that the Belfast agreement and the St Andrews agreement “shall be honoured”. If that is in their coalition agreement, it applies to them as it does here, and I will see to it that I write accordingly.

[Lord Glentoran]

My Lords, I want to clarify a couple of things. While shadow Minister in opposition, my right honourable friend the Secretary of State, I and others in the team undertook that once the United Kingdom Government set up their own human rights Bill, Northern Ireland would have its share of it. That is where I still stand, and I suspect that my right honourable friend the Secretary of State is in a similar position.

[Lord Shutt of Greetland]

I am not absolutely clear about the question, but the Government are possessed of the fact of honouring the Belfast agreement. Within that there has to be a human rights element for Northern Ireland. What is not absolutely written in stone is that that has to be very separate.

Bloody Sunday Inquiry

Lord Glentoran Excerpts

Wednesday 13th October 2010 Lords Chamber

[Lord Glentoran]

My Lords, in 1971, 496 people died in Northern Ireland, which was the highest casualty rate in any year of the Troubles. I am not as confident as everybody would appear to be about the Saville report. Throughout the 12 years that it has been going on, I sat on the Benches opposite and hassled to try to get something out of it in a reasonable length of time. I failed abjectly. However, we have been in power for only a few months, and my right honourable friend the Secretary of State got the report published and the Prime Minister made his major Statement in a very short space of time. Why that did not happen under the previous Secretary of State is anybody’s guess.

[Baroness Royall of Blaisdon]

I respectfully point out to the noble Lord and the rest of the House that the report was ready to go when the election was called. It was ready as a consequence of the actions of my Government working in tandem with the Government of the noble Lord. I fully respect the noble Lord, but I do not respect what he just said about the timing of the publication. The Prime Minister did a magnificent job with his Statement, but I take issue with the noble Lord on the timing issue.

[Lord Glentoran]

I accept what the noble Baroness says, but will attempt to correct it after a nod in this House. The reason why I am little unhappy about the report has not been mentioned. It is that a certain lawyer who was representing the Army claimed that the noble and learned Lord, Lord Saville, cherry-picked the evidence to help to paint the picture that he wanted,

“after 12 years and 191 million pounds to give a report which gave very clear findings even where in truth the evidence didn't support them”.

Another negative about the report is from the civil rights organisation British Irish Rights Watch. It states that what saddens it is that after all this time and all this effort very little more is known about Bloody Sunday than was known before the inquiry took place and that the report begs more questions than it answers.

That is a serious warning about the future. I accept the plight of the victims and that victims are our major concern and should be. In Northern Ireland, when we are talking about the affairs that we are talking about today, there is nothing more important than the care of victims, particularly in the past.

The world has changed. Londonderry is now a city of culture. Who could have imagined that in 1972? As the noble Baroness, Lady Royall, and others said, the Prime Minister made a fantastic, emotional Statement in another place that went a long way to appeasing a large number of people in Derry. I have spoken to one or two people to whom noble Lords might not have expected me to speak, one of whom was at our party conference. He assured me that the families of Bloody Sunday victims are largely relaxed—they are unhappy and sad—and do not wish to push for prosecutions.

Where are we now? Where do we go? A lot of people have talked about where we are and where we go, but we have not had any answers yet. A lot of the press statements and other comments—I also have it from Sinn Fein—indicate that prosecutions are not being sought. There also is legal evidence of the requisites that will have to be met if prosecutions are to take place. There has to be a better than 50/50 chance of getting a conviction, which has to be in the public interest. Certainly, defence lawyers would use the 38 years, or perhaps 40 years, rule before bringing people to trial. So that rules out prosecution of the soldiers. A further fact is that if soldiers were brought to court and convicted, they would not spend a single day in jail because of past legislation and all the other things that go with it.

As far as we are concerned, prosecutions for the future are off the table as regards Bloody Sunday, even though—someone might want to stir things up—some soldiers have admitted perjury. However, they still cannot be prosecuted because, as the noble and learned Lord, Lord Saville, said, they cannot convict themselves. Hence, that is out too. We have no possibility of any convictions, trials or prosecutions for the happenings of Bloody Sunday.

Let us return to where we go now, on which a lot of people have spoken. I agree that we have to go forward. We have to find a way of giving people some satisfaction that they know what happened. We have to do our best to ensure that the families of victims and so on are kept as well informed as possible about what happened on particular days. I do not believe that going forward with major inquiries costing millions of pounds, with the sole objective of finding some evidence to give comfort to family and friends, is a way to go.

Of the inquiries that are going on now, as is well known, the Wright inquiry found nothing. It did not even find how guns were got into the jail. Mr Wright, the father, is still as bitter, twisted and unhappy as he was before. He got no satisfaction out of that inquiry, which cost £30 million. We can go on. I am sure that the noble Baroness, Lady O’Loan, has some good examples, while I am reading out the not-very-good ones. That is where I think that we are.

In summary, I do not believe that the Saville report was a great success or that it achieved very much more than the Widgery report. The whole thing was almost a white elephant. I accept what noble Lords have said about being wise with hindsight, but that is where we are. It is very important that, following the speeches made by the noble and right reverend Lord, Lord Eames, the noble Lord, Lord Mawhinney, and others, we find a Christian, solid way of going forward, and of handling these things when they happen.