Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2019 — House of Lords, 2019-06-04
Topic: Law and Crime
Ian Duncan (Conservative, Centre-right): My Lords, I begin by thanking all noble Lords for recognising the need for this extension and that it is not the choice or preference of the Government to pursue this route. Were we in different circumstances, we would not be countenancing non-jury trials in Northern Ireland. But circumstances are different and we need to be cognisant of what those differences mean for the fairness of the trials themselves I too wish the noble Lord, Lord Thomas, a speedy return to the Chamber. He made the important point that paramilitarism, with which we are so familiar, has evolved. It has now become a gangsterism. It has moved from just being men wearing uniforms to being a corrosive element in so many communities in Northern Ireland. Many of these communities are close knit, and intimidation can be exercised in the most insidious and secretive of ways. That is why we need to recognise that a trial must be fair. In those circumstances, we must recognise that intimidation, tampering or any of the other means by which juries or witnesses can be affected must be taken into account in the exercise of justice I do not doubt for a moment—here I return to the comments made by the noble and right reverend Lord, Lord Eames—that the judiciary in Northern Ireland has borne a significant burden. Those here who have practised law, especially those who have served on various judicial Benches, will recognise what a challenge that is. To do so in Northern Ireland is to embrace a different world, where traditional family life is disrupted on a daily basis. The fact that it exercises justice in an impartial way is to its credit, and the fact that it is willing to do so under what are sometimes the most perverse and difficult of situations is a tribute to it. I join the noble and right reverend Lord in paying tribute to it for the work it does and the duty it displays in the service of its country It is important to touch upon two key aspects that have come through in this debate. First, while accepting that there will be an extension for two more years, by what criteria will we ever be able to establish when we have moved beyond this moment in time? This is important; when I spoke to my officials this morning, that was the very issue about which I too was concerned. It is not enough to say, "When things get better" or wave your arms and say, "We will know when it is time". There needs to be a suite of very clear criteria I can set out certain criteria to your Lordships today. Clearly, the warning about security in Northern Ireland is critical. That is based upon a whole series of assessments conducted by various organisations and bodies in Northern Ireland. That is quite a delicate thing to establish, because it is very easy to use the word "severe" but very difficult to then quantify how you got there. Clearly, we need to move to a situation in which the exercise of justice can be undertaken without threat. That can be done only when we reduce the various gradations down from "severe" until we reach the "normalcy"—the very word used by the noble Lord, Lord Murphy—of everyday life in Northern Ireland.