Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2019

Lord Lexden Excerpts

Tuesday 4th June 2019 Lords Chamber

[Lord Thomas of Gresford (LD)]

My Lords, I have considerable experience of jury trials, and of non-jury trials in other jurisdictions, and I know which I prefer. The jury trial is superior in efficiency and fairness, and, in particular, in maintaining public confidence in the system; but it is with a heavy heart that we accept the need for these provisions and we will not object to the order that is sought.

There is still a clear danger from small groups of dissidents, as we saw on 18 April with the tragic murder of Lyra McKee in the Creggan area of Derry, and last week in the placing of a bomb under a policeman’s car at a golf club in east Belfast. As Chief Constable George Hamilton said:

“Those who carried out this despicable attack have nothing to offer Northern Ireland but a return to the pain and suffering of the past”.


As the Minister has pointed out, the threat level remains at “severe”, where it has been for the last 10 years. Such actions make jury trials very difficult in a very small number of cases in Northern Ireland.

Northern Ireland is a relatively small jurisdiction, but these actions reflect the fact that it is a divided society, despite the Good Friday agreement being signed 21 years ago, and paramilitary organisations are still active in many parts of Northern Ireland. Political motivations are no longer at the forefront. Paramilitary organisations have turned to crime, and they enforce discipline through violence and intimidation in those tight-knit communities. Any residents who informed on a member of a paramilitary organisation to the police would be at risk.

The independent reviewer, Mr David Seymour, cites figures from 2016 and 2017, which show that 197 offences—my Lords, I feel that I have to resume my place.

[Lord Lexden (Con)]

My Lords, the need for this order arises from continuing paramilitary activity in Northern Ireland. First, could my noble friend comment on the work being done by the Independent Reporting Commission—established by our Government in conjunction with the Republic’s Government in 2017—and its effectiveness? There was considerable debate in this House when the commission was under preparation. Its objective is,

“to monitor progress on tackling paramilitary activity”.

It would be useful to hear how this joint body set up by Dublin and London is getting on.

Secondly, could my noble friend comment on the panel set up by the Northern Ireland Executive? Its task is to provide a strategy for the disbandment of paramilitary groups. In view of the significance of paramilitary groups, a comment on the work of these two bodies would be useful.

[Lord Eames (CB)]

My Lords, as the Minister emphasised in his remarks a short time ago, this order is an indication of the ongoing situation which too often is visible in Northern Ireland. We are frequently told that we have moved on some acres, compared with the situation that many of us lived through in the Troubles. We are told that there is a great improvement in the security situation, but the realistic position, as we have been reminded all too often, is that incidents can occur which remind us that so much has not changed.

It is a great pity that this order is necessary and is, in fact, a legacy of the Troubles. I am sure the Minister will agree that it gives us an opportunity to pay tribute to the judiciary in Northern Ireland: given the particular situation that we have had to contend with over the years, the pressure on individual members of the judiciary has been intense. It would be wrong if the opportunity were missed to pay tribute to that element of our society. I regret the absence from the Cross Benches, through no fault of his own, of my noble and learned friend Lord Carswell—my friend of many years and a former Lord Chief Justice of Northern Ireland. He and I were students together many years ago and for a period we lectured together in the faculty of law in Belfast. I know that were he present today, he would welcome the opportunity to pay tribute to his colleagues of those years for the professional manner in which, with integrity and loyalty to the elements of the rule of law, they carried out their duties in the circumstances of Northern Ireland.

However, for those of us who were tasked with particular jobs during that period, it is worth asking certain questions about the need for this order. First, what criteria, exercised by whom, will come into play when it is found unnecessary to implement it? The Minister has rightly told us that the situation at the moment demands a continuation of this unique way of administering criminal justice but I am a little troubled by the assumptions that public speakers are wont to use. They say, “The situation continues”, or, “The problem exists”. It is easy to make bland assumptions, so can the Minister first tell the House a little more of the methodology that the Government will exercise to reach the point of deciding that an order of this nature is no longer necessary?

Secondly, in paying tribute to the judiciary, many of whom I have had the privilege of serving with in other capacities, I believe the demands made by such an order on the judiciary and the administration of justice—albeit in a limited number of cases—means that it questions so much of the jurisprudence of the administration of justice. Are we to be continually told that the situation continues to demand such exceptional measures? That is the reason for my question: what criteria will Her Majesty’s Government utilise when, please God, the time comes that this will be a thing of the past? Where exceptional methods are necessary in cases such as the administration of criminal justice, there is constant pressure on politicians to exercise the opportunities to create a level of peaceful coexistence in which to isolate those cases where this order, and others like it, are essential.