Draft Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2025

Robin Swann Excerpts

Monday 9th June 2025 General Committees

[Robin Swann (South Antrim) (UUP)]

It is a pleasure to serve on this Committee under your stewardship, Mr Twigg. I have listened to the contributions of people who hold various positions in Northern Ireland, as someone who actually lives there and represents a political party there, the Ulster Unionist party. Our response to this consultation was supportive of the extension of non-jury trials, because normalisation in Northern Ireland is not there yet. As a party that has struggled since 1998 to get us to that position, we still have a long way to go. The extension of these trials is a necessary but unfortunate part of that.

I join others in paying tribute to all those who have served in Northern Ireland to bring about security and peace, and all those who sacrificed their lives in obtaining it. We are in a situation in Northern Ireland where Operation Helvetic is still operational; we have armed services personnel on the streets of Northern Ireland. The counter to that—unfortunately and reprehensibly—is that we still have anti-state paramilitary groups, which continue to affect anyone who is considered to be part of the security services or security structure in Northern Ireland. That extends even to those who serve or will serve on juries.

I note that there are four conditions listed in paragraph 5.4 of the explanatory memorandum. Condition 1

“is that the defendant is, or is an associate of, a person who is a member of a proscribed organisation”.

Condition 2

“is that the offence or any of the offences was committed on behalf of a proscribed organisation”.

Condition 3

“is that an attempt has been made to prejudice the investigation or prosecution”

regarding a proscribed organisation. Those conditions lay out the differential in Northern Ireland: there is still recognition by Government and our judicial system that proscribed organisations have an adverse influence on not just community and society but our judicial system. That is why we support the extension of these provisions, which are needed at this time.

Condition 4

“is that the offence or any of the offences was committed to any extent…as a result of, in connection with or in response to religious or political hostility”.

Have the Government or the Secretary of State considered how that may be extended in Northern Ireland? There are other areas that paramilitaries and proscribed organisations are moving into; their hostilities, attacks and abuses are not solely based on religious or political oversight or beliefs.

The other point that we raised in our consultation response was the need for an oversight mechanism to review the decisions made by the Director of Public Prosecutions and issue a certificate for a non-jury trial. I think that has the support of the shadow spokesperson, the hon. Member for Brentwood and Ongar.

With regard to the work that the Secretary of State is considering, a sentencing council is lacking within Northern Ireland’s justice system, unlike in England and Wales. We believe that a sentencing council must be established for all Crown court cases, but in the interim, it should be in place to support the judge in their deliberations on these decisions. Indeed, that is the basis for a motion that my party is bringing to the Northern Ireland Assembly to be considered tomorrow. I am keen to hear the Minister’s thoughts on that.

My other point is on the differential, which I talked about with regard to the first three conditions, when it comes to proscribed organisations. We firmly believe that anyone who is found guilty and receives a custodial sentence should not be given the automatic right to enter the separated prison regime on request. In Northern Ireland, not only do we have non-jury trials but when a criminal is sentenced they can request to be put in a special wing within a prison, where their paramilitary status can be recognised and honoured, and they can still be given the credence that they held as a member of a proscribed organisation—a criminal organisation—within the prison system. It is my party’s belief that there should be an end to that segregated system within Northern Ireland. We believe that the Northern Ireland Office and the Secretary of State should ensure that the criteria for anyone entering the separated prison regime is open to scrutiny.

As we try to normalise Northen Ireland society, it is important that we maintain mechanisms to protect us from those who would seek to undermine our justice system. We must also ensure that our system of justice actually matches the advancements in society. Maintaining limited non-jury trials for another two years while ending the segregated prison regime are important measures that can be taken in the short term.

--- Later in debate ---

[Robin Swann]

What are the Minister’s and the Government’s thoughts on whether a specific office of a sentencing council would be a positive thing to have in Northern Ireland, given that there already is a Sentencing Council in England and Wales? On the bid that the Justice Minister made, does the Minister know whether any of that money was actually to consider the creation of a sentencing council in Northern Ireland?

[Fleur Anderson]

I am not privy to all the deliberations and projects that were considered but then not put through to the public sector transformation board, so I do not know; that would be a question for the Executive, as would the proposal of a sentencing council. I will not give any opinions on that because it is a devolved matter, but I know the hon. Member and others will raise it with the Executive directly.

In terms of a separated prison regime, a person found guilty following a non-jury trial is not automatically entitled to entry to the separated regime. A prisoner may be granted entry to separated accommodation only if they meet a set of six criteria. Matters related to the operation and resourcing of prisons in Northern Ireland are devolved and therefore the responsibility of the Department of Justice. The Secretary of State is responsible only for setting the criteria for entry into separated accommodation. In practice, the Secretary of State’s functions, including decisions on entry into separated accommodation, are carried out by the Department of Justice, which is authorised to do so under the prisons direction, an agreement between the Secretary of State and the Department of Justice in Northern Ireland that is reviewed on an annual basis.

Let us keep talking about this provision, and let us all keep hoping that in two years’ time we will see a different situation in Northern Ireland, and the continuation of the work towards peace and reconciliation there that I see in my work across Northern Ireland all the time. This morning, I was at London Tech Week, meeting with Irish and Northern Irish companies and businesses, and others who want to invest in Northern Ireland as a special hub of tech. Those kinds of conversations are a good counter, and show the progress being made across Northern Ireland. Once again, I thank all those who contribute towards peace and security in Northern Ireland, as we have all done today.

Question put and agreed to.