No, I do not agree with the hon. Lady. It is not often that I have to disagree with her. The measures proposed in the Bill, which I shall describe shortly, are the right ones for the right time, given the progress towards normalisation and the need to complete the process of normalisation.
The Bill puts in place arrangements that are designed for the Northern Ireland of the 21st century, not the Northern Ireland of the 1970s. Trial by jury is one of the cornerstones of the criminal justice system, but for many years it was simply not possible for all cases in Northern Ireland to be tried before a jury because Northern Ireland was in the midst of the nightmare of paramilitary terror on a massive scale. Non-jury trial was therefore a necessity in those circumstances.
Northern Ireland has now moved forward enough to enable a return to a presumption for jury trial in all cases, even those that would currently be heard before a Diplock court. However, I recognise that, although circumstances have undoubtedly changed significantly for the better, even in recent months, and the paramilitary threat is greatly reduced, it has not gone away completely.
Dissident republicans who seek to undermine democracy and destroy the prospect of devolved government under the St. Andrews legislation and the St. Andrews agreement are still there, and they are still threatening peace and progress to the extent that they can. They are isolated, they are small, they are marginalised, but they are potentially dangerous, as we have seen.
Loyalist paramilitaries are still active and have yet to decommission their weapons. Organised crime is a real problem which we are working hard to tackle, and there are those—thankfully declining in numbers but nevertheless there—who still want to retain a hold on their communities through fear and intimidation. For these reasons, there is still a risk of perverse verdicts, either by intimidation or by ““stacking”” a jury to influence its decision. We intend to minimise that risk by reforming the jury system.
Justice and Security (Northern Ireland) Bill
Proceeding contribution from
Lord Hain
(Labour)
in the House of Commons on Wednesday, 13 December 2006.
It occurred during Debate on bills on Justice and Security (Northern Ireland) Bill.
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2006-07Chamber / Committee
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