Draft Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-Jury Trial Provisions) Order 2021

Karl Turner Excerpts

Wednesday 7th July 2021 General Committees

[Karl Turner (Kingston upon Hull East) (Lab)]

I do not intend to delay the Committee too long, but it is important to reiterate in the beginning that the provisions renewed under this statutory instrument were designed to be temporary, as the Minister clearly set out in his opening remarks. All of us clearly hope that there would be no necessity for non-jury trials, but we understand that the environment in which the judicial system is operating in Northern Ireland, greatly changed though it is, still in exceptional instances necessitates their use.

My hon. Friend the Member for Sheffield, Heeley (Louise Haigh), the shadow Secretary of State for Northern Ireland, has spoken in the House about the controlling influence of paramilitaries. It is no coincidence that recent violence has flared in areas of profound deprivation, where educational attainment is too low and, sadly, paramilitary activity, 23 years on from the agreement, is still far too high.

The shocking but thankfully foiled attack on a police officer and a young child in Dungiven demonstrated the lengths that those who wish to drag Northern Ireland back to the past are prepared to go in order to carry out their despicable agenda. There was evidence within the consultation responses of ongoing jury tampering and the potential for jury bias as a result of the impact of the perceived threats to jurors. The Labour Opposition reluctantly support the provisions and acknowledge that only a tiny number of cases are now dealt with in this way—the Minister said under 2%. There were only 11 cases out of 1,403 during the reporting period, and as in previous years the cases involved defendants who had been members or at least associates of a number of proscribed organisations across the political divide.

The figures reveal the way in which the trials are utilised; the report of the independent reviewer is clear that the statutory tests for such a trial were dealt with in a thorough and professional way. Both the small number of cases and the conduct of authorities in that small number of referrals are clearly encouraging evidence of the reticence in their use. Yet in liberal democracy, it is clear that 11 non-jury trials are 11 too many, particularly where they involve cases of significant public interest.

That is why Labour strongly welcome the recommendations of the independent reviewer, first for the Northern Ireland Office to set up a working party of those involved in the criminal justice system to consider whether there are practical measures that could be taken to minimise any risk to the administration of justice. I welcome the Minister’s assurance that that will begin. Secondly, the independent reviewer recommends that in marginal cases that could go either way, the DPP should consider not issuing a certificate when the very low threshold is only just met, possibly in conjunction with juror protection measures.

Can the Minister outline the programme for taking forward those recommendations, given it is now some years since they were made? Will he give a commitment to the Committee as to when those recommendations will be acted on? That would give the public confidence that, although the numbers of non-jury trials are small, the direction of travel is to establish ways in which they will not be needed at all in future. We would welcome that outline from the Minister.