Draft Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-Jury Trial Provisions) Order 2015

David Anderson Excerpts

Monday 20th July 2015 General Committees

[Mr David Anderson (Blaydon) (Lab)]

Thank you, Ms Vaz, for chairing the Committee. I welcome new Members to the House.

I was in Northern Ireland last week, along with the Minister—we had breakfast together, but please do not let it get out. We met the police before, during and after some of the day’s business, and it is good to record for the House the excellent work that the police in Northern Ireland have done and how prepared they were. I send out a message to the people who were injured that we hope they get well soon. It is sad that we must have this discussion, but as the Minister spelled out, the reality is that things are still going on that should not be going on, so many years after we have moved forward in Northern Ireland as we have. This weekend’s situation epitomises that; hopefully the police will get to the bottom of it as quickly as possible and lock up those who need to be locked up.

I wanted to raise one particular concern of mine. It might not be related, but hopefully the Minister can give us clarity. It concerns the news today from the Equality and Human Rights Commission that the Home Secretary is using the legislation to have a secret court hearing in Northern Ireland so that she can defend damages claims being made against our Government by an IRA mole, Martin McGartland. They are being classed as closed material proceedings, which will mean effectively that Mr McGartland and his lawyers will not be able to hear part of the case against them or to hear or see sensitive material that might help them make their case.

There might be justification for that, but my concern is whether the regulations are being used to allow that to happen. I have listened carefully to what the Minister said about conditions 1, 2, 3 and 4, and none of those conditions seem to apply to a situation in which the Home Secretary wants to defend herself in secret against possible problems. This is about ensuring that people who are accused of committing terrorist attacks are protected.

[The Chair]

Order. Mr Anderson, there may be an issue about sub judice.

[Mr Anderson]

I am just asking the Minister for clarity, not the detail. The truth is—I will say no more on that case—that we have come a long way. My hon. Friend the Member for Ealing North—I do not know whether he is right honourable; he should be—used the term “normal”, and we know the situation is not normal yet, but this case is clearly not normal. I am asking whether it is related in any way to what we are doing in this Committee this evening, because if it is, I think it is an abuse of process.