Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2013

Lord Bew Excerpts

Tuesday 4th June 2013 Grand Committee

[The Parliamentary Under-Secretary of State, Wales Office (Baroness Randerson)]

My Lords, this order extends for a further two years the period during which trials without a jury can take place in certain circumstances in Northern Ireland. Without this order, the system allowing for non-jury trials would lapse on 31 July this year.

It is with regret that I propose that this system be renewed for a further two years, but I do so with the knowledge that there remains in Northern Ireland a serious threat from a small but dangerous minority. They have no mandate but seek to drag Northern Ireland back into the past. Their targets are police officers, soldiers and prison officers, but their attacks are felt by the wider community, many of whom face disruption on a daily basis.

The reckless murder of prison officer David Black, in November 2012, by a group referred to as the “new IRA” was an unwelcome reminder of the continuing threat posed by dissident republican terrorists. This new grouping primarily consists of members of the Real IRA, Republican Action Against Drugs, which conducts brutal shootings against nationalist members of the community, and a number of unaffiliated individuals, who we believe have connections to the fatal attack against Massereene barracks in 2009.

The Police Service of Northern Ireland and its counterpart in the Republic of Ireland, the AGS, continue to thwart the efforts of such groups. Across the island of Ireland, 173 arrests and 64 charges were made during 2012. There were also 18 convictions of individuals involved in planning and participating in attacks. So far this year, there have been 63 arrests, 32 charges and 18 seizures. Many more attacks have been thwarted and disrupted.

It is therefore vital that there are means available within the criminal justice system to allow the perpetrators of these attacks to be brought before the law. We must recognise that Northern Ireland is still unfortunately in a unique situation, and the non-jury trial provisions provide a unique solution to a small number of cases. Noble Lords will know that jury trials in Northern Ireland are not safe from disruption by those involved in terrorist activity. Public galleries are at times crowded with members of the public. The close-knit nature of society in Northern Ireland means that jurors are vulnerable to intimidation. This can result in, at best, a partisan verdict.

I thought it would be helpful if I outlined the processes involved in order to obtain a non-jury trial. The Director of Public Prosecutions issues a certificate which allows for one. The DPP can issue a certificate for a non-jury trial only if he believes that one or more of four statutory conditions, which are laid out in Section 1 of the Justice and Security (Northern Ireland) Act 2007, are met. Condition 1 is that the defendant is, or is an associate of, a member of a proscribed organisation. Condition 2 is that the offence was committed on behalf of a proscribed organisation or that a proscribed organisation was involved. Condition 3 is that an attempt has been made by or on behalf of a proscribed organisation to prejudice the investigation or prosecution. Condition 4 is that the offence was committed as a result of, or in connection with, religious or political hostility.

Noble Lords will be aware that a proscribed organisation is one that is concerned with terrorism. It can also be seen that the four conditions relate specifically to the circumstances of the offence and the defendant. Furthermore, the DPP must be satisfied that there is a risk that the administration of justice might be impaired if a jury trial were to be held. There is a clear distinction here between this system and the previous Diplock court arrangements which were in place prior to the Justice and Security (Northern Ireland) Act 2007. The Diplock system saw all scheduled offences tried by a judge alone. Today, there is a clear presumption that jury trial will take place in all cases. Certificates are issued only when absolutely necessary in the interests of the administration of justice and where the particular statutory tests are met.

Noble Lords will also wish to be aware that not all cases proceed to a non-jury trial. The PSNI holds no right to stipulate that a non-jury trial takes place, and the Director of Public Prosecutions acts with discretion and independence in deciding whether to issue a certificate. Hence the number of non-jury trials in Northern Ireland remains relatively low. So far, in 2013, the DPP has issued just eight certificates for non-jury trials and one request has been refused. In 2012, 25 certificates were issued and three were refused. However, while they are low, these figures are still significant and show the ongoing need for non-jury trial.

I know that this is now the third such renewal of these provisions and there is some concern about that. I am also aware that during the last renewal in 2011, noble Lords expressed concern about the limited consultation that was held at the time. I can, however, inform noble Lords that prior to taking a decision on the renewal of the provisions this time around, the Northern Ireland Office canvassed opinion from the main stakeholders linked to the operation of non-jury trials in Northern Ireland. This included the PSNI, the Department of Justice, the Northern Ireland Courts and Tribunals Service, the PPS in Northern Ireland and the Office of the Lord Chief Justice. The consensus among all of those stakeholders was that the present threat environment is not dissimilar to that surrounding the previous renewal and, as such, all were in favour of renewing the provisions as they currently stand.

The canvassing exercise did, however, inform the Secretary of State’s decision to hold a limited consultation again for the 2013 review. In reaching her final decision on whether to seek the renewal of the provisions, the Secretary of State then formally consulted with those who have direct involvement in the operation of the system, including members of the judiciary, the security forces, human rights groups and political representatives.

The noble Lord, Lord Carlile of Berriew, the Independent Reviewer of National Security Arrangements in Northern Ireland, who has previously scrutinised the non-jury trial system, concluded that trials are not safe from disruption and recommended renewal of the provisions for a further two years. The Attorney-General, in his capacity as Advocate-General for Northern Ireland, also agreed that in view of the current circumstances a further two-year extension should be sought.

Although there was some limited opposition to renewal, the overwhelming response from the consultation acknowledged that the security situation in Northern Ireland rendered the provisions necessary, at least for a further two years. I can assure noble Lords that the Government do want to see a return to full jury trial in all cases in Northern Ireland, but this should happen only when the security situation permits and your Lordships will know that we are not there yet. Given the current severe threat from Northern Ireland-related terrorism and its bearing on criminal trials, now is not the time. The renewal of these provisions for a further two years is, regretfully, the only way forward at present.

The Government remain fully committed to tackling the threat from terrorism and keeping the people of Northern Ireland safe and secure. It is with this responsibility in mind that the Government seek to renew the non-jury trial provisions. I commend the order to the Grand Committee.

[Lord Bew]

My Lords, I thank the noble Baroness, Lady Randerson, for introducing the order, which I reluctantly support. I have only one question. At one point the noble Baroness said that all stakeholders who were consulted accepted the need for the continuation of these arrangements. The document actually says that the majority of respondents to the consultation accepted the need for the continuation of these arrangements. Is it possible to be told a little more about the arguments of the minority and how strongly they were stated, even, if possible, where they came from and, indeed, if this represents any difference of view among the political parties? However, as I said in my opening remarks, I regretfully agree absolutely with the Government that the situation in Northern Ireland at the moment is such that it is necessary to continue with these arrangements. I hope very much that it will not be too long before the Minister can come to the Dispatch Box and give us better news, but she has had no alternative than to make the announcement that she has today.

[Lord Empey]

My Lords, I reluctantly agree with the noble Lord, Lord Bew. We are considering a two-year renewal. Given the length of time that would have to elapse before what any of us would consider normality could resume, it seems to me inevitable that this measure will have to be renewed, at least for the proposed period. The fact is that while the number of trials is not large, it is significant, and it is the nature of the trials that is really the issue. I do not see any grounds for believing that we are at a point where a renewal of this provision could be refused in the foreseeable future. That is most unfortunate but I think the reality on the ground speaks for itself.

The noble Baroness referred to the murder of Mr Black towards the end of last year. Perhaps the Committee is not aware of the number of terrorist attempts that have been made since then, to say nothing of what was done in the year or two years before the death of Mr Black. We should put on record our thanks to the security services for the number of terrorist attempts that have been interdicted. We also should thank the Irish police for the co-operation that we are receiving from them and for the very effective actions that they have taken. Their contribution has saved the lives of many people, not only within their own jurisdiction but within ours.