Criminal Law (Northern Ireland)

Andrew Murrison Excerpts

Wednesday 5th July 2017 Commons Chamber

[Chloe Smith]

There are indeed ways to challenge these certificates; legal challenges have been made. I will not go into them in great deal here because they are on record and available for Members to look at. However, I will draw out one interesting point from one of the pieces of case law: it is noted that not to have a jury trial is not the same as not to have fair trial. That is a crucial piece of reassurance for Members here today who may be thinking deeply about the measure for which I am asking their support.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

Will the Minister comment on the concern of the Bar of Northern Ireland that the criteria under which a challenge can be brought under section 7 of the 2007 Act is really very narrow and confined to exceptional circumstances? That concern comes out clearly in the consultation and is expected to be addressed in some way.

[Chloe Smith]

I am grateful to my hon. and gallant Friend for his contribution. He speaks with great experience, as he has spoken on these issues from this very Dispatch Box. He is right that the consultation responses, while being broadly in favour of continuing the system—indeed many of them noted that they had faith in the Secretary of State’s decision—contained some points of detail that could be considered in the future. However, I must point out that the provisions expire this month. I am asking the House to extend them now for immediate purposes, which is somewhat separate to the broader question of reform that we might look at in due course. I have mentioned an independent review, which will be a very good opportunity to draw out all these issues. I will also take the opportunity to put it on the record that the very complexity of these issues reminds us why we want to see an Executive in place in Northern Ireland—so that a Ministry of Justice there can properly play its part in these issues as well.

In conclusion, we would love to be able to do away with these measures as early as we possibly can, but that can only ever be done when circumstances allow. We want a system that remains fair, effective, necessary, appropriate and proportionate. We look forward to discussing it further under the annual independent review, but, for now, I commend this order to the House.

--- Later in debate ---

[Dr Andrew Murrison (South West Wiltshire) (Con)]

What a delight it is to see you in the Chair, Madam Deputy Speaker. I also congratulate the Minister; it is good to see her in the Chamber.

I was very interested in the comments of the hon. Member for Edinburgh North and Leith (Deidre Brock). We clearly need to be concerned about whether this arrangement risks verdicts being less safe than would be the case under the system that we enjoy throughout the rest of the United Kingdom. The hon. Lady has presumably seen table 5 in the consultation response. That interesting table shows quite clearly that the chances of acquittal are higher under a non-jury system. What I am slightly worried about, and this touches on the remarks made by my hon. Friend the Member for Tewkesbury (Mr Robertson), the Chair of the Northern Ireland Affairs Committee—

[Mr Robertson]

Ex-Chair.

[Dr Murrison]

Well, let us say Chair of the Select Committee for the time being.

I am slightly worried about these informatics and what the numbers actually represent. Who were the people given over to a non-jury trial, and who were those tried by jury? It is difficult to make head or tail of the figures without that granularity. But, taken at face value, the process looks safe. Indeed, several consultees suggested that that is the case, so we should derive some comfort from that.

I support the proposition outlined by the Minister. It is important to understand that this is part of a process; it is not Diplock courts. When the original legislation was passed in 2007, it was felt that things were sufficiently normal in Northern Ireland to move to this next level. The question will be when the situation is sufficiently normal in Northern Ireland to enable us to default to the position under the Criminal Justice Act 2003, which, under very exceptional circumstances and using a very high hurdle indeed, allows for non-jury trials. It is pretty clear that we are not there yet.

The hon. Member for Ealing North (Stephen Pound), who speaks from the Opposition Front Bench, said that the independent reviewer appears to be content with the current situation and believes that the situation has not changed sufficiently for us to fail to pass this extension of two years at this point. It is a credit to the system that we keep it under such regular review and that we are extremely cautious about the difference in Northern Ireland compared with the rest of the United Kingdom that sets to one side our precious jury system, which is so fundamental to the way in which criminal justice runs in the United Kingdom.

David Seymour is absolutely right. Not enough has changed for us to consider not putting in place the extension at this point. We have heard about the five deaths last year, the 29 bombings and the 61 shootings. Most of us who live in the rest of the United Kingdom find that extraordinary. It is remarkable that all that is carried out in Northern Ireland, which is a small part of the country, and it clearly suggests that the situation in Northern Ireland is not yet sufficiently normal for us to consider setting aside the provisions of section 7 of the Justice and Security (Northern Ireland) Act 2007 and relying instead on the 2003 Act.

One or two respondents to the consultation asked a number of questions, one of which I touched on in my intervention. On the assumption that we will default to the 2003 Act as opposed to section 7 of the 2007 Act at some point in the future—sooner rather than later, I hope—one respondent asks what we need to put in place. In other words, what do we need to do to prepare for that point and protect those who are engaged, one way or another, in the justice system, so that people are not intimidated?

The PSNI has made it clear, as we might expect, that it sees real problems in putting alternatives in place—that is, protecting people in the community from the sort of intimidation that the 2007 Act is meant to militate against. Having been a Minister in the Department, I can fully understand why the PSNI might shrink from the proposition that it could be an alternative to the provisions of the 2007 Act, as it would find that extremely onerous. However, we need to start thinking about how to put in place measures that will come into force after we decide that we no longer need section 7 of the 2007 Act, as most of us hope that that will be sooner rather than later. That may well mean some sort of protection for those involved in the system.

The only other issue is the granularity I would rather like to see in table 5 so that we can know exactly—this touches on one or two comments that have been made this afternoon—who these people are who are being tried by this alternative means, because it is only with that information that we can really make sense of informatics such as that table.

As I said in my intervention on the Minister, the grounds for a legal challenge under section 7 of the 2007 Act are really quite stringent, and it has been pointed out by the chief executive of the Bar of Northern Ireland that we might like to review that. I very much welcome the review that the Minister spoke about, and I hope very much that this issue will be included in it. In our enthusiasm to ensure that we are as normal in Northern Ireland as in the rest of the United Kingdom, and that we do as little as is necessary to except Northern Ireland from the normal criminal justice system we have in this country, we do need to look at detail such as this to ensure that, when we can improve matters in the way the Bar in Northern Ireland appears to suggest, we do that, if at all possible. However, with that in mind, I certainly support the order.