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.

Northern Ireland: Political Situation

Julian Lewis Excerpts

Monday 3rd July 2017 Commons Chamber

[James Brokenshire]

The simple point on that is that it is about compliance with the regulations and seeing that those making donations are able to make those determinations based on the law that is in existence, rather than looking at retrospection. Obviously, there will be further opportunity for the House to debate that issue. However, I think that that is the clearest way of doing it.

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

While the political situation remains in limbo in Northern Ireland, elderly and frail British former soldiers are even now being brought before the courts on serious charges, while multiple terrorist murderers walk free, having served either derisory sentences or no sentences at all. Can the Secretary of State assure us that the Government remain focused on rectifying that inequality of treatment?

[James Brokenshire]

I know that this is an issue that my right hon. Friend and others have raised consistently in the House. I commend them for the focus they have provided. The Government remain committed to implementing the Stormont House institutions and that reform which is about fair, balanced and proportionate efforts in respect of the investigations of the past. That is what the agreement sets out clearly in applying the rule of law but, as I have said on a number of occasions in the House, I and others across Government will never tire of recognising the tireless contribution that so many in our security and armed forces made to ensure that we have peace today. Without their contribution, that simply would not have been possible.

Northern Ireland: Political Developments

Julian Lewis Excerpts

Tuesday 10th January 2017 Commons Chamber

[James Brokenshire]

On the last point, I say that I had a round of calls yesterday evening to the main opposition parties in Northern Ireland, and I will continue to maintain that contact with parties at Stormont. On right hon. Gentleman’s point about RHI and the nature of an inquiry, I remain of the view that the best solution is that a way forward should be found within Northern Ireland, taking his point about issues of leadership and showing that the devolved institutions are able to deal with the challenges that exist. That is where my focus will be in the days ahead.

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

My hon. and gallant Friend the Member for Newbury (Richard Benyon) ably expressed the dismay at the grotesquely partisan and inequitable decision to instruct the Police Service of Northern Ireland to start pursuing retired British service personnel, while amnestied former terrorists freely walk the streets. Will the Government introduce legislation urgently to offer them at least the same protection as the amnestied terrorists undeservedly enjoy?

[James Brokenshire]

There are no amnesties. We have been clear on that in relation to the “on-the-runs” scheme, and Lady Justice Hallett’s report concluded in 2014 that these things never amounted to an immunity from prosecution. But my right hon. Friend makes a broader point about the need for a proportionate and balanced approach to legacy to ensure that all aspects are investigated properly, rather than by looking at one side rather than the other. That is precisely the approach that can be taken forward through the Stormont House agreement.

Oral Answers to Questions

Julian Lewis Excerpts

Wednesday 5th June 2013 Commons Chamber

[The Prime Minister]

I hope I can do a bit better than that.

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

Will the Prime Minister confirm that he will recall Parliament before any action is taken to arm the Syrian opposition during the recess?

[The Prime Minister]

I have never been someone who wants to stand against the House having a say on any of these issues, and I have always been early on making sure that Parliament is recalled to discuss important issues. Let me stress, as I did on Monday, that no decision has been taken to arm the rebels, so I do not think that this issue arises. However, as I said, I supported holding the vote on Iraq. In my premiership, on the issue of Libya, I recalled the House as soon as I possibly could and allowed the House to have a vote. As I said, this issue does not arise at present because we have made no decision to arm the rebels.

Oral Answers to Questions

Julian Lewis Excerpts

Wednesday 5th December 2012 Commons Chamber

The Prime Minister was asked—

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

Q1. What his strategy is to deal with any re-emergence of al-Qaeda in Afghanistan after 2014.

[The Prime Minister]

Before I answer my hon. Friend’s question, I am sure the whole House would wish to join me in congratulating the Duke and Duchess of Cambridge on the wonderful news that they are expecting their first child. This is the perfect piece of news to end what has been an extraordinary jubilee year.

Turning to my hon. Friend’s question on Afghanistan, the threat to global security from the al-Qaeda presence in Afghanistan has been significantly reduced. This is in large part the result of the brave work of UK, international security assistance force and Afghan armed forces. We remain committed to Afghanistan for the long term, and we will continue to support the development of the Afghan national security forces after 2014 through continued funding and involvement in training. Our continued contribution to aid and the political process, combined with our armed forces’ efforts, underpin a state that is capable of policing its own lands. It is by this path that al-Qaeda will, I believe, be unable to re-establish itself in Afghanistan.

[Dr Lewis]

The Taliban have been told when most of our troops will be leaving, and they need to be told what sanctions to expect if they help al-Qaeda to return. What would those sanctions be and would an allied regional strategic base serve to make them credible?

[The Prime Minister]

The most important sanction for everyone to bear in mind is the fact that the Afghan national security forces are already at a level of 335,000 and are increasingly capable and increasingly able to police and secure their own country, but of course we will continue to be involved, not least through the officer training academy we will establish. The Americans will have a strong relationship—as we will have a strong relationship—with the Government of Afghanistan, and we will obviously want to help them in all the ways we can to ensure that Afghanistan never again becomes a haven of international terror.