Criminal Law (Northern Ireland)

Laurence Robertson Excerpts

Wednesday 5th July 2017 Commons Chamber

[Mr Laurence Robertson (Tewkesbury) (Con)]

I, too, welcome you to the Chair, Madam Deputy Speaker, and very much look forward to working with you in the House. I also welcome the Minister to her new post and wish her well in the role.

It is a little unfortunate that this is the second time this week that we have had to discuss Northern Ireland matters in this respect, because of course on Monday we had a statement from my right hon. Friend the Secretary of State to update us on where the discussions are with regard to bringing the parties in Northern Ireland together to restore the Assembly and the Executive, and unfortunately it was not good news. We wish him well in those negotiations, because, as has been said already today, decisions that affect Northern Ireland should be taken in Northern Ireland by local politicians elected by the people. We hope that progress will be made. I was a shadow Northern Ireland Office Minister for a number of years, and we dealt with many important issues upstairs in Committee, perhaps with as few as 18 MPs, only a fraction of whom were from Northern Ireland. That was no way to run the Province, so I really do hope that those negotiations and discussions can move forward.

It is also unfortunate that we have to renew this legislation. When I was a shadow Minister, we held these discussions and found it necessary to extend the period of time in which we could have non-jury trials. None of us wants that to be the case. One of the central tenets of United Kingdom law is that we are tried by our peers—those we work with and live alongside—in a jury. That is the way it should be, so it is unfortunate that we have to extend this facility today. However, as I understand it, and as the hon. Member for North Down (Lady Hermon) has mentioned, section 44 of the Criminal Justice Act 2003, which allows non-jury trials to take place, applies across Great Britain. I have not looked at it in great detail, so I am not sure how that provision differs from the measures we have in place in Northern Ireland. I am not sure whether there is any opportunity to roll the two into one provision at some future point, because even though we have special circumstances in Northern Ireland, obviously we seem to have them in Great Britain as well, as the existence of the 2003 provision shows. It is always regrettable when we get to that point.

Where is the specific threat perceived to be coming from? The Minister has quite rightly said that a very small fraction of cases are tried in this way, but it would be interesting to know what kinds of offences they were. If she does not have that information available immediately, perhaps she could write to hon. Members who are interested. What sort of cases are tried in this way? Are there any particular offences? Is there a pattern? This point was raised also by the hon. Member for North Down. It is important to try to identify where the problem is.

It is not all bad news in Northern Ireland. I have touched on two pieces of bad news but the Secretary of State also mentioned on Monday that he is reviewing political donations, which he wants to be more transparent. When I chaired the Select Committee on Northern Ireland Affairs in the last Parliament, we looked at that matter and urged a move in that direction, because we want to make Northern Ireland politics more normal. That was some good news. Today’s news—that we have to extend this measure—is not good news, but I have no hesitation in supporting the Government.

When we looked at this issue previously, we asked whether a single judge sits on the non-jury trials or whether there are any occasions when more than one judge sits. I seem to remember being told that one judge usually sat on such cases because of the limited number of judges available. But given that the Minister suggested that only a small number of cases are tried in this way, is it not possible for more than one judge to preside over such cases?

It is with a heavy heart that we have to extend this legislation, but I support the Government in doing so for the reasons that have been given. I hope that we can continue to move forward to the point at which it is not necessary to make this the norm and where we do not need this kind of legislation on the statute book because Northern Ireland will have moved to where we want it to be. It is sadly not there yet for the reasons that the Minister set out, but I wish her well in that respect.

--- Later in debate ---

[Dr Andrew Murrison (South West Wiltshire) (Con)]

What a delight it is to see you in the Chair, Madam Deputy Speaker. I also congratulate the Minister; it is good to see her in the Chamber.

I was very interested in the comments of the hon. Member for Edinburgh North and Leith (Deidre Brock). We clearly need to be concerned about whether this arrangement risks verdicts being less safe than would be the case under the system that we enjoy throughout the rest of the United Kingdom. The hon. Lady has presumably seen table 5 in the consultation response. That interesting table shows quite clearly that the chances of acquittal are higher under a non-jury system. What I am slightly worried about, and this touches on the remarks made by my hon. Friend the Member for Tewkesbury (Mr Robertson), the Chair of the Northern Ireland Affairs Committee—

[Mr Robertson]

Ex-Chair.

[Dr Murrison]

Well, let us say Chair of the Select Committee for the time being.

I am slightly worried about these informatics and what the numbers actually represent. Who were the people given over to a non-jury trial, and who were those tried by jury? It is difficult to make head or tail of the figures without that granularity. But, taken at face value, the process looks safe. Indeed, several consultees suggested that that is the case, so we should derive some comfort from that.

I support the proposition outlined by the Minister. It is important to understand that this is part of a process; it is not Diplock courts. When the original legislation was passed in 2007, it was felt that things were sufficiently normal in Northern Ireland to move to this next level. The question will be when the situation is sufficiently normal in Northern Ireland to enable us to default to the position under the Criminal Justice Act 2003, which, under very exceptional circumstances and using a very high hurdle indeed, allows for non-jury trials. It is pretty clear that we are not there yet.

The hon. Member for Ealing North (Stephen Pound), who speaks from the Opposition Front Bench, said that the independent reviewer appears to be content with the current situation and believes that the situation has not changed sufficiently for us to fail to pass this extension of two years at this point. It is a credit to the system that we keep it under such regular review and that we are extremely cautious about the difference in Northern Ireland compared with the rest of the United Kingdom that sets to one side our precious jury system, which is so fundamental to the way in which criminal justice runs in the United Kingdom.

David Seymour is absolutely right. Not enough has changed for us to consider not putting in place the extension at this point. We have heard about the five deaths last year, the 29 bombings and the 61 shootings. Most of us who live in the rest of the United Kingdom find that extraordinary. It is remarkable that all that is carried out in Northern Ireland, which is a small part of the country, and it clearly suggests that the situation in Northern Ireland is not yet sufficiently normal for us to consider setting aside the provisions of section 7 of the Justice and Security (Northern Ireland) Act 2007 and relying instead on the 2003 Act.

One or two respondents to the consultation asked a number of questions, one of which I touched on in my intervention. On the assumption that we will default to the 2003 Act as opposed to section 7 of the 2007 Act at some point in the future—sooner rather than later, I hope—one respondent asks what we need to put in place. In other words, what do we need to do to prepare for that point and protect those who are engaged, one way or another, in the justice system, so that people are not intimidated?

The PSNI has made it clear, as we might expect, that it sees real problems in putting alternatives in place—that is, protecting people in the community from the sort of intimidation that the 2007 Act is meant to militate against. Having been a Minister in the Department, I can fully understand why the PSNI might shrink from the proposition that it could be an alternative to the provisions of the 2007 Act, as it would find that extremely onerous. However, we need to start thinking about how to put in place measures that will come into force after we decide that we no longer need section 7 of the 2007 Act, as most of us hope that that will be sooner rather than later. That may well mean some sort of protection for those involved in the system.

The only other issue is the granularity I would rather like to see in table 5 so that we can know exactly—this touches on one or two comments that have been made this afternoon—who these people are who are being tried by this alternative means, because it is only with that information that we can really make sense of informatics such as that table.

As I said in my intervention on the Minister, the grounds for a legal challenge under section 7 of the 2007 Act are really quite stringent, and it has been pointed out by the chief executive of the Bar of Northern Ireland that we might like to review that. I very much welcome the review that the Minister spoke about, and I hope very much that this issue will be included in it. In our enthusiasm to ensure that we are as normal in Northern Ireland as in the rest of the United Kingdom, and that we do as little as is necessary to except Northern Ireland from the normal criminal justice system we have in this country, we do need to look at detail such as this to ensure that, when we can improve matters in the way the Bar in Northern Ireland appears to suggest, we do that, if at all possible. However, with that in mind, I certainly support the order.