Criminal Law (Northern Ireland) — House of Commons, 2017-07-05
Topic: Law and Crime
Sylvia Eileen Hermon (Independent, Unknown): I want to make a few points, although the Minister was very kind in allowing me to intervene on her so I have already been able to mention some of the issues that I wanted to raise. When I intervened on her about types of trial and the defendants involved in non-jury trials, I expected her to have the full information at hand. The hon. Members for Tewkesbury (Mr Robertson) and for South West Wiltshire (Dr Murrison) said it would be helpful to have an indication about the nature of the defendants, whether or not acquitted, who have gone through the process By happy coincidence, before I came into the Chamber I had a look at a research paper. I stand to be corrected by the Minister when she winds up if I have inadvertently mentioned these individuals, but I do not think that will be the case. Let me give the House some examples. There was Michael Stone, a very infamous murderer—not famous, but infamous for the Milltown murders—and a loyalist paramilitary. There was a gentleman called Chris Ward, who was apparently involved in the Northern Bank robbery, which was a huge bank robbery. I would not like to say where the money went, but I think a lot of us suspect that it went to the IRA. There was the murder of Robert McCartney, which was a ghastly, horrible murder. I know that these are past cases, but I am simply giving examples of cases in which there were non-jury trials, and they were all very serious cases indeed It is wholly appropriate to remind the House that this is an exceptional procedure: non-jury trials under the Justice and Security (Northern Ireland) Act 2007 are very exceptional. I also remind the House that this is written into the 2007 legislation: "No inference may be drawn by the court from the fact that the certificate has been issued in relation to the trial." That is really important because, as was mentioned by the hon. Member for Belfast South (Emma Little Pengelly)—I welcome her to the House—our judiciary in Northern Ireland, and indeed the legal profession in Northern Ireland, has had to endure a sustained terrorist threat over many long years. The judiciary in Northern Ireland is rigorously impartial and independent. The fact that the statistics show acquittals in non-jury trials to be very much in line with those in jury trials indicates that this is a very fair process. Even if it is a non-jury trial, such a trial is a fair process. We have remarkable judges who show impeccable judgment and impartiality May I add a comment in fairness to the outgoing or retiring Director of Public Prosecutions for Northern Ireland, Barra McGrory? I know there has been criticism of him, including by me, in relation to the fact that he had been involved—in his past life, but in his professional capacity—in advising IRA members who received comfort letters from both Labour and Conservative Governments. However, as the hon. Member for Tewkesbury will confirm, his evidence to the Northern Ireland Affairs Committee as the DPP made it quite clear that no one who received a comfort letter could rest easy in their bed while he was the Director of Public Prosecutions. I think he has been totally impartial in carrying out his functions as the DPP. It is a very difficult job in Northern Ireland, and the non-jury trial system in Northern Ireland is a challenge for everyone As the Minister knows—other Members have given the statistics—the continued loyalist and republican paramilitary activity is a serious concern, and it should be, because the threat level in Northern Ireland is severe. However, there is one point that I would like the Minister to address. Part 7 of the Criminal Justice Act 2003 made provision for non-jury trials where there is a real and present danger of jury tampering, and section 44 applies equally to Northern Ireland as to Great Britain. Will the Minister say whether there have been any applications by the prosecution under section 44 of the 2003 Act because they feared that there was a real and present danger of jury tampering, and whether those have been dismissed, or whether the only non-jury system that has been in operation is that under the 2007 legislation that we are renewing this afternoon? We need clarity on whether both systems are running in parallel or one has been less used than the other. That would be helpful to the House. Without hesitation, I give my support to the renewal of the order this afternoon. I am content that the non-jury system in Northern Ireland under the 2007 Act is impartial. Everyone should have confidence in it, given the statistics, and I am happy to see it renewed for another two years.