Criminal Law (Northern Ireland)

David Simpson Excerpts

Wednesday 5th July 2017 Commons Chamber

[Chloe Smith]

I welcome my hon. and gallant Friend’s experience being brought to bear on this debate. He is right. I was just about to talk about the circumstances in which non-jury trials are appropriate, and will come on to that very point about the intimidation of those involved in the justice process. He will also be aware of some other jury reforms that have been implemented administratively; I hope to see them succeed.

[David Simpson (Upper Bann) (DUP)]

With the information she has outlined, the Minister is making the case for the system’s renewal very well. Does she agree that it is essential for all sections of the community in Northern Ireland to support the security forces and the work that they do?

[Chloe Smith]

Yes, I do. We are talking about a threat that goes across all communities and the wider public, and I hope I have begun to make that clear.

I shall explain the precise ways in which justice is threatened and what the measures before us are for. Non-jury trial provisions are available in exceptional circumstances in Northern Ireland, when a risk to the administration of justice is suspected—for example, jury tampering, whereby intimidation, violence or the threat of violence against members of a jury could result in a perverse conviction or acquittal.

The Director of Public Prosecutions for Northern Ireland may issue a certificate that allows a non-jury trial to be held in relation to any trial on indictment of a defendant, and anyone tried with that defendant, if it meets a defined test that falls within one of four conditions: first, if the defendant is, or is an associate of, a member of a proscribed organisation whose activities are connected with the affairs of Northern Ireland, or has at any time been a member of an organisation when it was a proscribed organisation; secondly, if the offence was committed on behalf of a proscribed organisation, or a proscribed organisation was involved with or assisted in the carrying out of the offence; thirdly, if an attempt was made to prejudice the investigation or prosecution, by or on behalf of a proscribed organisation, or a proscribed organisation was otherwise involved with or assisted in that attempt; or, fourthly, if the offence was committed to any extent, directly or indirectly, as a result of, in connection with or in response to, religious or political hostility.

A case that falls within one of the four conditions will not automatically be tried without a jury, because the DPP must also be satisfied that there is a risk that the administration of justice might be impaired were a jury trial to be held. For those with a historical view, I should be clear that this is not a Diplock system—this is not the system that pertained before 2007. There is a clear distinction between the current system and the pre-2007 Diplock court arrangements, under which there was a presumption that all scheduled offences were tried by a judge alone. In Northern Ireland today, there is a clear presumption that a jury trial will take place in all cases.

In line with the commitments made in Parliament in 2015—before the July 2017 expiry date that necessitates our being here today—the Secretary of State held a full public consultation on whether non-jury trial provisions should be extended. The consultation concluded in February this year. It received a total of 10 responses from a range of interested individuals and groups in Northern Ireland.

--- Later in debate ---

[Stephen Pound]

That is a little bit above my pay grade. I shall certainly speak to my party leader and make sure that he sends a note to the hon. Lady, of whom he is very fond.

This is my third trot around the paddock with this subject. In June 2013, when the right hon. and gallant Member for Hemel Hempstead (Mike Penning) was the Minister, we managed to deal with it in seven minutes. In July 2015, when the right hon. Member for Wyre and Preston North (Mr Wallace) was Minister, sadly it took us 22 minutes. I am in no way implying that we are on a particular scale, but I think that it is important, in view of some of the new evidence we are discussing today, that we take a little time to consider the matter.

The role of the independent reviewer of the Justice and Security (Northern Ireland) Act 2007 is crucial. I wish to recommend David Seymour’s report to the House and express my gratitude to the Northern Ireland Office for making it available, and indeed for all the work it has done. The report is salutary. It actually states why the situation in Northern Ireland is so serious. I must say that I now know more about stop and search on the causeway coast and in the glens than I ever really wanted to.

[David Simpson]

I am glad that the Opposition support these measures. The hon. Gentleman will know that my constituency, which he has visited a number of times, has the highest level of dissident republican threat, and of course it was in my constituency that Mr Black was murdered, so he will know how necessary these measures are.

[Stephen Pound]

Absolutely. One of the things that strikes many of us when we visit Northern Ireland, apart from the staggering beauty of that part of the world, is the persistence of fear. I salute all public servants, elected and non-elected, who hold the line in Northern Ireland in the most horrendous circumstances. I pay tribute not only to the hon. Gentleman, but to Prison Officer Black, Adrian Ismay and so many others who have suffered.

The independent reviewer’s report, which is a solid body of work, should be studied. I am extremely glad that in future it will contain some oversight of the process. With regard to the only challenge to the DPP’s decision that has gone to judicial review and not been upheld, some people still feel that it is a closed process. When the PSNI goes to the DPP and applies for a certificate to be issued, the DPP quite rightly runs the template of the four tests over the application and makes a decision, but it does depend, to a certain degree, on the individual characteristics, intelligence and knowledge of the DPP. I think that DPP Barra McGrory has proven time and again that he is more than capable of that, but some people have suggested that there should still be some element of external examination and oversight.

I think that the Minister, in a very fine piece of parliamentary footwork and legislative improvement, has answered those objections. I have no way of knowing whether I will be at this Dispatch Box in two years’ time—if I am, it will probably be because I have not been promoted; if I am not, it will almost certainly be because I have been demoted—but if I am, I look forward to reading this. Indeed, even if I am not at the Dispatch Box, I will certainly read it anyway, just to see where we are with the situation.

I thoroughly endorse the Minister’s earlier points about the desire to see Northern Ireland’s devolved institutions up and running again. We know that the people of Northern Ireland deserve better than an impasse or a vacuum. We know that the quality of the elected representatives in Northern Ireland is such that they are more than capable of reaching such an agreement, and I look forward to them doing so very soon.

I reiterate the point made at the beginning about this being a reluctant piece of legislation. When we considered this in June 2013, the Minister at the time said on the record that the Government wished to see a return to full jury trials as soon as possible. That goes for all of us. We do not want to see criminal non-jury trials. They do not exist anywhere else in the United Kingdom—there may have been an increase in civil non-jury trials, but criminal non-jury trials do not exist anywhere else. They exist in Northern Ireland because of the difficult and exceptional circumstances there.