Criminal Law (Northern Ireland)

Debate between Chloe Smith and Andrew Murrison

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.