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

Lord McAvoy Excerpts

Tuesday 4th June 2013 Grand Committee

We therefore owe the judiciary in Northern Ireland a debt of gratitude for consistency over many decades because it has kept civilisation and the rule of law together. It is not perfect and is not the way that we would like it to be but, unfortunately, I do not see any short to medium-term alternative but to continue to renew this measure. However, I ask the noble Baroness to consider this: if the intention of the initial legislation in 2007 was that it should be short-term, and we continue to renew it in two-year bites, is someone going to judicially review this whole thing and say, “That was not the original intention of Parliament. It was short-term, what you are doing is continuing to renew and renew. You are actually carrying out a purpose for which the original legislation was never intended”? The department should bear that in mind.

[Lord McAvoy]

My Lords, again I thank the Minister for her clear outline of the order. For the purpose of this discussion, I thank my two friends, the noble Lords, Lord Bew and Lord Empey, for bringing as usual to these discussions weight, knowledge and a firm understanding of what is at stake in Northern Ireland. They have long experience there, which we are lucky to have brought to this Room. I share with all noble Lords and noble Baronesses the reluctance, but nevertheless acceptance of the need, to proceed with the renewal of the order. It is entirely necessary but none of us likes it. There is merit in what the noble Lord, Lord Empey, said about a review at some point and we would all be delighted to have that review and for it to recommend the discontinuation of the legislation. However, we are not there yet.

In the interests of information and getting a clear picture of what is happening on the ground regarding these issues, the Minister outlined the number of cases. She mentioned only one terrorist-based organisation, which was republican. Does that mean that there were no instances of charges involving, for want of a better description, the loyalist/militant unionist community? Perhaps that is a bit of a misnomer. That is not to say that we are in some sort of competition to see who is causing more trouble than anyone else; it is for the sake of giving noble Lords here a grasp of the situation. That would inform us and enable us to get a better picture.

However, it is quite clear that we are all in agreement and the Labour Front Bench strongly supports this move and joins everyone in this Room in hoping that this is near enough the last continuation of these provisions.

[Baroness Randerson]

My Lords, I thank all noble Lords for their contributions. I agree wholeheartedly with the last sentiment expressed by the noble Lord, Lord McAvoy. We would all agree that we very much hope that this will be the last time that this order has to be renewed.

I shall start with the contribution of the noble Lord, Lord Bew. I was perhaps not clear in what I said. There was a two-stage process in the consultation. The Secretary of State canvassed opinion among stakeholders and, having taken those initial soundings, she decided to hold a formal consultation. It was formal but limited in the number of organisations that were consulted and the response rate did not indicate that there was any burning concern in a number of organisations. Three of the responses from the organisations did not agree with the renewal, although one of them was a group of academics in Australia which was not a formal part of the consultation. The reasons given by the people who live in the community directly affected by this were largely to do with there being a lack of evidence of intimidation. Of course, one is struck by the fact that if this system is working well, it prevents intimidation, and therefore, it if has worked successfully, there will be little evidence of intimidation. For example, the director of the Committee on the Administration of Justice expressed frustration at the lack of available evidence of juror intimidation and questioned the degree of discretion afforded to the Director of Public Prosecutions in issuing the certificate. The tenor of the reply was concern that there was no evidence.

I share the concern expressed by the noble Lord, Lord Empey, about the current violence. It is worth pointing out that there is a large number of unsuccessful attempts at violence and terrorism. I shall give some examples. So far this year, in relation to national security attacks, there have been 68 arrests, 32 charges and 19 seizures. That is a sign of the success of the PSNI operation. The noble Lord raised the possibility of judicial review. It is always a possibility, and the Northern Ireland Office is aware of it. I will ensure that the point is made to the Secretary of State and that she is aware of the noble Lord’s comments.

The noble Lord, Lord McAvoy, asked about loyalist attacks. The concern about terrorism is primarily about dissident republicans but, of course, there is another issue about loyalist unrest, the nature of which we saw during the flag protests, which became violent on a number of occasions. There were death threats and violence against the police, and a considerable number of police were injured in the early days of those protests. We need to be aware of the issue, in that there is a different face to concern in both those communities.

Finally, we have to bear in mind that in Northern Ireland people are particularly vulnerable to paramilitary intimidation. It is greater than it is in the rest of the UK because, as noble Lords know very well from their own experience, people live in small, close-knit communities. It is particularly easy to identify those called for jury service, which is at the heart of the problem. We have to be concerned about the intimidation or potential intimidation of jurors by people representing both sides of the community. I commend the order to the Committee.