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

Lord Caine Excerpts

Tuesday 1st July 2025 Grand Committee

[Lord Browne of Belmont (DUP)]

My Lords, I thank the Minister for her presentation. I am pleased to support the order. We all have a responsibility to ensure that peace, stability and justice are protected and long-lasting. It is important to acknowledge that good progress regarding the security situation in Northern Ireland has been made and that the threat to jurors has, in some instances, been reduced.

However, recently collected evidence confirms that there remains concern about the potential for jury intimidation and bias, particularly in cases with paramilitary connections. Although, as we have heard, there are only a small number of cases where a non-jury trial is necessary, it remains my view that the current provision, though far from perfect, should continue to serve Northern Ireland as a necessary function in supporting the effective delivery of the criminal justice process. Naturally, there is a certain reluctance to renew such exceptional provisions—like others, I wish that such measures were a thing of the past—but, given Northern Ireland’s exceptional security complexity and the spectre of the threat of intimidation from dissident paramilitaries and other criminal elements, the renewal of the non-jury provisions is necessary.

Of course, it is important that we have safeguards. These are built into this, in that decisions for non-jury trials are made on a case-by-case basis. Of course, the Director of Public Prosecutions for Northern Ireland must suspect that one or more of the four safeguard conditions are met. Another protection is that any person convicted before a non-jury court has the right of appeal against sentence or conviction without leave and has the opportunity to have the judgment against them explained; of course, that is not available if they are convicted by a jury.

It is my hope that the day will come when measures such as those before us today are unnecessary, but, unfortunately, the consultation and evidence clearly show that that stage has not been reached. The onus is on all of us to continue to work maturely in order to work out practical ways forward towards achieving a more normalised society in Northern Ireland. Hopefully, we will not be back here in two years’ time to renew this order.

One point of concern that I have regarding non-jury trials is that it appears that they are sometimes subject to considerable delay. I believe that this should be investigated. Of course, jury trials in Northern Ireland are also delayed sometimes, which is a problem that needs to be addressed.

Finally, almost 26 years after the signing of the Belfast agreement, we still have the curse of paramilitary organisations operating across Northern Ireland. Does the Minister agree that it is time that these paramilitary organisations left the stage without being offered more financial incentives?

[Lord Caine (Con)]

My Lords, before I turn to the instrument before the Committee, as this is a Northern Ireland debate and it is 1 July, I want to take a moment to reflect that today marks the 109th anniversary of the first day of the Battle of the Somme. We remember the heroic sacrifice of the men of the 36th (Ulster) Division at Thiepval on that day in 1916 and, later in September, that of the 16th (Irish) Division at Guillemont and Ginchy. I had the honour of representing His Majesty’s Government at the Somme on a number of occasions, including in my last official engagement as a Minister on this day last year; there was never a more solemn, moving or poignant duty.

I turn to the instrument before the Committee. The Opposition support the ninth extension, under the Justice and Security (Northern Ireland) Act 2007, for a further two years of non-jury trials in a small number of cases. As the Minister who extended these measures in your Lordships’ House in 2023, I could probably repeat almost word for word what I said a little over two years ago; I am sure that the Committee will be relieved if I do not do so.

As has been pointed out, a non-jury trial may be permitted if the defendant is associated with a proscribed organisation or if the offence being tried is in connection with religious or political hostility. Such cases are high-profile and continue to provoke strong opinion across the community in Northern Ireland. In such circumstances, the risks of jury intimidation and juror bias remain very real probabilities. As such, I agree with the Minister that these measures are both necessary and proportionate.

With that said, it is also worth considering the very real progress that has been made. As the Minister pointed out, and as was recognised by the Secondary Legislation Scrutiny Committee, the number of non-jury trials is now around 0.7% of the total number of trials in Northern Ireland and has been at that level for the past few years. To put that into further perspective, that is a total of 10 cases out of some 1,500 in the Crown Court in 2024; this compares to around 300 a year during the peak of the old Diplock system in the 1980s.

I noted with interest the comments of the noble Lord, Lord Carlile, who is a distinguished former Independent Reviewer of Terrorism Legislation and, now, the chair of the scrutiny committee. I, probably like him, have lost count of the number of times I have sat in rooms in Washington and New York and had to explain to Irish-American audiences the difference between the old Diplock system and the system that we have had since 2007. We all look forward to the day when all trials will be conducted in front of juries and these measures can lapse, but we remain some way from that today.

The fact that these measures are required reminds us that, although life in Northern Ireland has in many respects been transformed over the past 30 years since the ceasefires and the subsequent Belfast agreement of 1998, there remains a potent terrorist threat. Although the threat level went down from “severe” to “substantial” in March 2024, there can be absolutely no room for complacency. I am always conscious that the difference between those two threat levels of “substantial” and “severe” is one word—“highly”—because “substantial” means that an attack is likely while “severe” means that an attack is highly likely. So we cannot be complacent.

There persist in Northern Ireland small numbers of people determined to pursue their political agenda through acts of terrorism. Although their actions will always ultimately fail in their objectives, they retain both lethal intent and capability. However, they will never succeed because the future of Northern Ireland will only ever be decided by democracy and consent—never by violence. That has been the determination of successive Governments over many years, including the ones in which I served, and I believe that it is the determination of His Majesty’s current Government today.

The reason why there are not more successful—if I can use that word—national security attacks in Northern Ireland is down to the skill, professionalism and bravery of the Police Service of Northern Ireland and our other security agencies, which do so much to thwart them. Like the Minister, I place on the record once again our unstinting support for them, along with our admiration and thanks; we owe them a huge debt of gratitude for the superb job that they do.

In that context, I genuinely welcome the additional security funding for the PSNI that was announced by the Government in the recent spending review. The need for that additional security funding was recognised and delivered by the then coalition Government in 2010 and continued by its Conservative successors. I am pleased that it has been maintained by the current Government; it is of huge importance for the PSNI in its efforts to keep the people of Northern Ireland safe and secure.

In conclusion, the extension of these measures, though regrettable, remains necessary in certain cases to ensure that the criminal justice system in Northern Ireland continues to function. I was struck by the contribution from the noble Lord, Lord Browne of Belmont, on the delays in the criminal justice system in Northern Ireland. It seems that it can take an interminable time for cases to come to trial; every effort really does need to be made to try to speed up the process.

I agree with the Minister that no Government in the United Kingdom treat this issue of the dispensing of juries in criminal trials lightly. We all share the hope that, sooner rather than later, the day will come when we can dispense with these measures. Until that day comes, however, we have a duty to extend them; the Opposition therefore support the order before the Committee today.

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[Baroness Anderson of Stoke-on-Trent (Lab)]

I thank the noble Lord for his correction. He did worry me a little that something had happened within the PSNI that I had missed. I have my own slight correction to make, which is more of a technicality: the £200 million I announced for police recruitment has been approved by the Department of Finance but needs executive approval, which it is yet to receive. I wanted to clarify that before I got myself in trouble.

Regarding the very genuine question from my noble friend and many others on the ring-fencing of the PSNI grant, I understand why this is such an issue. We increased the budget during the SR to £19.3 billion, which is the highest amount on record. However, we must be clear on what devolution is and is not. The money has been sent to Northern Ireland; it is there, and it is now up to the politicians in Northern Ireland to prioritise funding. However, as noble Lords will be aware, we have ensured that there is ring-fencing for the additional security fund, and we continue to work daily with the Executive to secure additional funding.

On the delay in trials raised by the noble Lord, Lord Browne, while the Justice Minister for England is here and definitely heard that request, I will clarify for the record that the issue of delays in the projection of non-jury trials was raised by two respondents to the consultation on how long this was taking. One respondent who objected to the extension of the provisions in particular raised the concern that a judge sitting alone could adjourn the case for a longer period of time than would be possible if a jury had been sitting. However, this should be seen against the backdrop of the wider criminal justice system being subject to delay.

The justice system is devolved, and it is for the Department of Justice to lead. It has work under way to address some of the causes, including work to reform committal processes. PSNI is also progressing work to improve the timeliness of case file submissions to tackle delay. In March 2025, the devolved Minister of Justice welcomed the allocation of additional funding to progress reforms within the justice system, and £20.45 million has been allocated to help speed up and transform the criminal justice system.

[Lord Caine (Con)]

I do not wish to detain the Committee for much longer. The noble Baroness rightly said that the criminal justice system is devolved in Northern Ireland, but these are cases that involve national security issues, which are, of course, a responsibility of His Majesty’s Government and the Secretary of State. In former times it was very common practice for the Secretary of State and the Justice Minister to have frequent meetings at which they would discuss these matters. Could she assure me that these are continuing and that the Secretary of State regularly engages with the Justice Minister to try to speed up these delays in the criminal justice system?

[Baroness Anderson of Stoke-on-Trent (Lab)]

Like magic, a piece of paper has arrived that confirms that the Secretary of State—

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[Lord Caine (Con)]

Your officials are brilliant.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My officials are absolutely brilliant. It confirms that the Secretary of State engages with the Justice Minister regularly on issues of shared interest and concern, and this obviously includes issues pertaining to national security and will continue to do so. I will endeavour to get an update on anything else that is going on and write to the noble Lord.

I think I have answered most of the substantive points, but there are a couple of others that I want to touch on. I thank the noble Lord, Lord Carlile, for his previous work on counterterrorism and the work that he is doing with the Northern Ireland committee. That is a step towards normalisation, which has been a theme as we talk about some of these issues. Making sure that normalisation happens, in terms of both counterterrorism and the operation of our communities, is key because we are democrats. Making sure that we are being held to account is key.

My noble friend Lady Ritchie asked when legacy legislation will come forward. She knows me well as a Whip, and I am adamant and clear that we will definitely bring forward such legislation when parliamentary time allows. All noble Lords will be aware that this was a manifesto commitment and was in the King’s Speech, and I expect to spend many hours in Committee debating it with all of you.

[Lord Caine (Con)]

I am grateful to the Minister, and I appreciate that she cannot give a time commitment on the introduction of legislation, but can she confirm whether the Government intend to set out the next steps on legacy before the Summer Recess?

[Baroness Anderson of Stoke-on-Trent (Lab)]

I can assure the noble Lord that he and I are likely to be in correspondence before Summer Recess.