Criminal Law (Northern Ireland)

Alan Mak Excerpts

Wednesday 5th July 2017 Commons Chamber

[Alan Mak (Havant) (Con)]

May I join colleagues across the House in congratulating you on your election, Madam Deputy Speaker? I also welcome the Minister to her place.

I rise to speak briefly in support of the extension of the non-jury trial provisions in the 2007 Act for a further two years. As the Minister indicated from the Dispatch Box, this is a pragmatic and practical response to the unique circumstances that we continue to experience in Northern Ireland.

This would be the fifth extension of the provisions since they were first introduced in 2007 by the then Labour Government. However, the temporary nature of the provisions indicates that the Government acknowledge that this is a unique and exceptional situation—a situation that should be reviewed regularly. As my hon. Friend the Member for Beckenham (Bob Stewart) indicated, it is a credit to the House that we make parliamentary time available to review it regularly.

As the Minister rightly said, this situation should be ended as soon as it is no longer needed and when the security situation in Northern Ireland improves and is much more stable. However, as the whole House will know, the security situation unfortunately remains volatile and, in some cases, of serious concern. In the last year alone, there have been five security-related deaths, more than 60 shooting incidents and almost 30 bombing incidents recorded by the PSNI. Some 137 people were arrested under section 41 of the Terrorism Act 2000 last year, of whom 19 were charged with an offence.

Members on both sides of the House will know that the security situation in Northern Ireland remains severe—that is its official classification—and it continues to pose some risk to the criminal justice system and the fair and proper administration of justice. Therefore, the extension of this order is a pragmatic and necessary step to protect the administration of justice in Northern Ireland. As other hon. Members have indicated, the order contains some safeguards that make it a practical and appropriate response. Fewer than 2% of all Crown court cases are tried under these provisions. The Director of Public Prosecutions for Northern Ireland has to meet a statutory test before he can issue his certificate, the judge in the trial must give reasons for his decisions, and people convicted under the provisions are still entitled to right of appeal. In short, this is a fair and proportionate measure designed to target a very small number of exceptional cases, reflecting the unique security situation in Northern Ireland.

Other hon. and gallant Friends have referred to the Government’s public consultation, which I have also read. I want to draw the House’s attention to a few points, and hope that they can be given weight when Members decide whether to support this order extension. First, it is important to note that a majority of respondents to the consultation supported the extension of the order. The Chief Commissioner of the Northern Ireland Human Rights Commission acknowledged the ongoing security implications and suggested that the order should be extended. The DPP for Northern Ireland confirmed that the conditions remain appropriate. The PSNI itself has argued that there are a limited number of cases where continuing risks to the administration of justice justify the extension of this order. Other supporters include the independent reviewer of the 2007 Act, who says that

“nothing has happened or changed in the last two years…to justify bringing these arrangements to an end”.

Those are very authoritative and weighty contributions to the public consultation, and I hope that Members across the House will pay heed to them as we decide whether to support the extension of this system.

I am also heartened by the fact that in their response to the consultation, the Government reiterated their commitment to ending these arrangements as soon as the security situation stabilises, recognised the temporary nature of the 2007 provisions, and committed to keep the operation of the provisions under review by the independent reviewer of the 2007 Act, who, as other hon. Members have said, is doing a very good job. I welcome all these commitments, which clearly demonstrate the Government’s intention to make sure that this order is a proportionate response that mitigates some of the ongoing risks to the security situation in Northern Ireland.

I welcome the Secretary of State’s efforts, and those of all the parties in Northern Ireland, including those represented here, to restoring the devolved Administration at Stormont as soon as possible, allowing the people of Northern Ireland ultimately to have jurisdiction over all sorts of matters that affect them, from public services to the economy, security and the administration of justice. That is the long-term solution, and it is something that we all want to see. A restored Northern Ireland Executive and devolved Government is the long-term way to address all these very important issues. While all across this House work towards the normalisation of politics and the security situation in Northern Ireland, we must also continue to recognise the unique security situation that pertains in Northern Ireland. I will therefore support the extension of the order today and encourage other Members to do so as well.