Criminal Law (Northern Ireland)

Julian Lewis Excerpts

Wednesday 5th July 2017 Commons Chamber

[Chloe Smith]

That reminds us of the importance of the four conditions that apply here. If there were some link with those four conditions, any trial may be considered under these processes. The DPP must be satisfied that one of the four conditions is met, and that justice may be put at risk by the holding of a jury trial. My hon. Friend can rest assured that the provisions are available for all types of criminal cases as long as they meet the conditions.

In 2016 and 2017, a very small number of certificates were issued. I would just like to add that the DPP acts with a great measure of independence. His role is to exercise his discretion in deciding whether to issue a certificate. I note that the current DPP is due to retire this year, and he will have exercised these duties and many others in great service to this country over the years.

As I have said, the numbers of certificates are very small compared with the total burden of Crown court cases. I hope that hon. Members are reassured by the fact that the Secretary of State has not taken lightly this decision to seek to renew the non-jury trial system. We strongly believe, however, that the system is, on balance, proportionate and necessary in light of the unique risks facing the criminal justice process in Northern Ireland.

[Dr Julian Lewis (New Forest East) (Con)]

Just before the Minister concludes, can she tell us whether, in the very small number of cases that have gone before the non-jury courts, there is any evidence of appeals being put forward and indeed being successful in part as a result of the way in which they were tried in the first place?

[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.

--- Later in debate ---

[Dr Julian Lewis]

This is an appropriate point, is it not, to show our appreciation for the work of our armed forces, without whose courage we would never have had a political settlement, and to express our concern that former service personnel still face the possibility of trial for matters arising out of the troubles when terrorist murderers are able to walk free?

[Chloe Smith]

My right hon. Friend will be well aware that, at this point, I am not able to deal fully with the issues he raises, except to say in brief that we would all wish to have a way of dealing with legacy issues in Northern Ireland that is fair, balanced and proportionate. We will have to return to those more fully at a later time.

I will do my best to work my way swiftly through the requests that have been made of me this afternoon. I thank the Opposition spokesman, the hon. Member for Ealing North (Stephen Pound), for his support for the measures, and for the additional reasons he gave for the argument that many of us share. He asked how the review mechanism will work. I confirm that it is for David Seymour to decide on the exact mechanisms of the independent review. We can all have confidence that his previous work has been very thorough, and that he will bring to the subject the oversight and transparency that we would wish for. In some ways, that answers other points that have been made—there are bigger issues than are in the order.

The independent review report will be laid before both Houses.