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

Lord Carlile of Berriew Excerpts

Tuesday 1st July 2025 Grand Committee

I hope I have demonstrated to noble Lords that the Secretary of State did not take this decision lightly and that all of the relevant information was considered. I am sure that I can count on the support of noble Lords across the Committee—at least, I hope so. Although our aim is to normalise all security arrangements as soon as it is safe to do so, for the moment, these provisions remain necessary to safeguard the administration of justice. I beg to move.

[Lord Carlile of Berriew (CB)]

My Lords, I have two principal reasons for speaking to this instrument. The first is that I currently chair the Northern Ireland Scrutiny Committee of this House, and therefore am very sensitive to issues that affect the communities in Northern Ireland. One of the issues that is absolutely of the greatest importance is the way in which the justice system operates.

My second, more particular reason is that I was the Independent Reviewer of Terrorism Legislation and the Independent Reviewer of National Security Arrangements in Northern Ireland in 2007. I prepared a report that led to the amendment of what were, at that stage, called the Diplock courts—and often still are—in 2007. I recommended that the system should have some instrumental changes made to it but that, in principle, the courts should continue. Critics rather wryly called them the “I can’t believe it’s not Diplock” courts after I made my recommendations. I have been following those courts, which have held non-jury-trials ever since, for the past 18 years, in some detail. I have spoken to lawyers practising in those courts and to some judges who have worked in them, and obviously I have tried to form my own judgments.

I absolutely agree with the Minister that, unfortunately, at the present time, it is not yet possible to say that there should be only jury trials for offences involving sectarian issues and aspects of terrorism or paramilitary activity. However, that is not to say that I believe that this system should continue indefinitely into the future; happily, the Minister has not suggested that today. It is notable that the number of non-jury trials has been reduced in recent years. I had hoped that that would happen; it has taken rather longer than I had hoped, but I am pleased to see that that has now occurred.

There have been some recent disturbances in Northern Ireland, which reaffirm my belief that there are still difficult sectarian issues, including bullying within communities and intimidation in some parts of them. That said—it will not surprise your Lordships to hear this from someone who has been at the Bar for over 50 years doing criminal cases—I believe that part of what is sometimes called the holy grail of our criminal justice system is jury trial. There may be changes in the jury trial system in England and Wales shortly; we await the Leveson report. I am sure that many of us lawyers in your Lordships’ House will view them with all of our critical faculties—but, of course, objectively at all times.

In this situation, it is right to extend these courts on the basis of need. Therefore, I empirically support what is proposed by the Government this afternoon.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, it is a pleasure to follow the chairman of the Northern Ireland Scrutiny Committee, the noble Lord, Lord Carlile. I thank my noble friend the Minister for her presentation of this statutory instrument. I should indicate that I am a member of the Secondary Legislation Scrutiny Committee in your Lordships’ House.

Following on from the noble Lord, I also renounce and reject violence from all paramilitary organisations in Northern Ireland. It is wrong now as it was wrong over all the years of the Troubles; that point cannot be overemphasised. The murder and terrorism were wrong. They took the lives of innocent civilians in many instances and robbed families of loved ones. Those scars remain—that is a fact of life.

However, 27 years after the Good Friday agreement of 1998, 19 years after the St Andrews agreement of October 2006 when the decision was taken to devolve policing and justice—I well remember being there—and 15 years after when, in 2010, the legislative position on policing and justice was enacted and the first Minister for Justice was appointed, I get a sense of déjà vu. We debated this issue back in 2021. When will actual normalisation take place so that we no longer require non-jury trials? As a democrat, I do not feel happy about or sit comfortably on non-jury trials. I was brought up and reared in Northern Ireland and come from the democratic Irish nationalist community. There were many rigours in all such jury systems. Can my noble friend the Minister say whether, from the Government’s research, they can provide a guesstimate of when we can move to normalisation?

I note, as the noble Lord, Lord Carlile, said, that such trials are not in total use any more in Northern Ireland. There were 12 non-jury trials in the Crown Court in 2023, in comparison to a total of 1,423, so they are not used readily. However, I am conscious of the fact that there is still evidence of paramilitarism; this was clearly demonstrated some weeks ago when people in certain communities were bullied by paramilitarism and paramilitaries, because you could translate sectarianism in this instance into racism. Several people involved in that were, it was suggested, also involved in other acts of terrorism, threats and intimidation.

I ask my noble friend the Minister: when is normalisation likely? This is all related to the legacy issue. Currently, the Secretary of State is considering the repeal of the legacy Act. When will the new legacy legislation come forward? I know that that is circumscribed by certain legal instruments in certain courts because, yesterday, I had the opportunity here to meet two daughters of Sean Brown, who was brutally murdered in March 1997 in Bellaghy. There is a need for a full investigation and inquiry because there are lots of twists in the tale of why he was murdered. His family need to know that; they need truth and justice.

With that, I understand the reasons for the extension. It is not something that I sit happily beside, but I hope that we are moving to full normalisation and that we will not see an extension for another two years in two years’ time.