Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2019

Lord Thomas of Gresford Excerpts

Tuesday 4th June 2019 Lords Chamber

In the light of all that I have told noble Lords today, it would be absolutely remiss of the Government to dispose of non-jury trial provisions at this time. The continuing “severe” threat, alongside the fear and intimidation across pockets of Northern Ireland, risks the proper delivery of criminal justice in Northern Ireland. In light of this evidence and the views before her, my right honourable friend the Secretary of State has decided to seek to renew non-jury trial provisions for a further two years and to continue to keep them under regular independent review. Noble Lords can rest assured that she has not taken this decision to seek to renew non-jury trial provisions lightly. We strongly believe, however, that the system is, on balance, a proportionate and necessary measure in light of the unique risks facing the criminal justice process in Northern Ireland. I beg to move.

[Lord Thomas of Gresford (LD)]

My Lords, I have considerable experience of jury trials, and of non-jury trials in other jurisdictions, and I know which I prefer. The jury trial is superior in efficiency and fairness, and, in particular, in maintaining public confidence in the system; but it is with a heavy heart that we accept the need for these provisions and we will not object to the order that is sought.

There is still a clear danger from small groups of dissidents, as we saw on 18 April with the tragic murder of Lyra McKee in the Creggan area of Derry, and last week in the placing of a bomb under a policeman’s car at a golf club in east Belfast. As Chief Constable George Hamilton said:

“Those who carried out this despicable attack have nothing to offer Northern Ireland but a return to the pain and suffering of the past”.


As the Minister has pointed out, the threat level remains at “severe”, where it has been for the last 10 years. Such actions make jury trials very difficult in a very small number of cases in Northern Ireland.

Northern Ireland is a relatively small jurisdiction, but these actions reflect the fact that it is a divided society, despite the Good Friday agreement being signed 21 years ago, and paramilitary organisations are still active in many parts of Northern Ireland. Political motivations are no longer at the forefront. Paramilitary organisations have turned to crime, and they enforce discipline through violence and intimidation in those tight-knit communities. Any residents who informed on a member of a paramilitary organisation to the police would be at risk.

The independent reviewer, Mr David Seymour, cites figures from 2016 and 2017, which show that 197 offences—my Lords, I feel that I have to resume my place.

[Lord Lexden (Con)]

My Lords, the need for this order arises from continuing paramilitary activity in Northern Ireland. First, could my noble friend comment on the work being done by the Independent Reporting Commission—established by our Government in conjunction with the Republic’s Government in 2017—and its effectiveness? There was considerable debate in this House when the commission was under preparation. Its objective is,

“to monitor progress on tackling paramilitary activity”.

It would be useful to hear how this joint body set up by Dublin and London is getting on.

Secondly, could my noble friend comment on the panel set up by the Northern Ireland Executive? Its task is to provide a strategy for the disbandment of paramilitary groups. In view of the significance of paramilitary groups, a comment on the work of these two bodies would be useful.