Draft Justice and Security (Northern Ireland) Act 2007 (extension of duration of non-jury trial provisions) order 2019

Debate between John Penrose and Debbie Abrahams

Tuesday 4th June 2019 General Committees

[The Minister of State, Northern Ireland Office (John Penrose)]

I beg to move,

That the Committee has considered the draft Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2019.

It is a good to have you in charge of us this afternoon, Mr Robertson. The order is short, even for a statutory instrument. It has precisely two articles—one is the citation, and the second, which is the operative one, is shorter than the footnote it references. It really is genuinely short and sweet.

The order extends for a further two years our ability to run non-jury trials in Northern Ireland. This is a regrettable step, which we have to undertake, if required, once every two years. The order provides for that extension under the terms of the Justice and Security (Northern Ireland) Act 2007. That is all it does. This is one of those things that is, sadly, still required in Northern Ireland; it is not something that anybody particularly wants or desires. Given that the security situation in Northern Ireland remains at severe—we can all think of two very serious events that have occurred in just the last few weeks—it is, sadly, necessary.

I reassure colleagues that the powers are used very sparingly. The latest figures show that, in the six years since 2013, the number of non-jury trials has at no point exceeded 2% of the total number of Crown court cases that have been dealt with in Northern Ireland. In the last four or five years, the number of cases has been running in the mid-teens—there were 17 and 12 cases in 2015 and 2016, and about 19 in 2018. Those are very small numbers overall, and I hope that everybody here shares my hope and expectation that they will remain at that low level.

In that tiny number of cases, where there is a particular risk of juries being put under pressure, these measures are regrettably still needed. It is therefore wise and necessary, sadly, to extend the provisions for a further two years. We have been doing that regularly since the old Diplock court system—this is not that—was replaced in 2007. They have been extended every two years ever since. They have come up again, although I say that with regret and a heavy heart.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Having read the background documents, I will be supporting the Government on this statutory instrument. However, one of the comments in the consultation responses was about reviewing the statutory test for issuing a non-jury trial certificate. Will the Minister expand on whether that will happen? I would feel happier if that were the case.