Justice and Security (Northern Ireland) Bill

Yes, the hon. Member for Foyle (Mark Durkan) suggests that we might get a bit of spin later. I will put my comments in the form of some questions, and perhaps we will get some clarity on a number of them. Clause 1(6) and (7) relate to the issuing of certificates stating that a trial is to be conducted without a jury. Subsections (6) refers to offences"““committed to any extent…as a result of, in connection with or in response to religious or political hostility””." I am sure that the Minister and other hon. Members can remember the case of the late Mr. Harry Hammond, who was arrested and fined for public order offences in 2002, after holding up signs in Bournemouth that said, ““Stop immorality”” and so on. Despite the fact that it was he who was attacked, it turned out that it was he who was prosecuted. If a Christian were to do something similar in Northern Ireland, consistency in law would demand that they too be prosecuted. Therefore, will the Minister confirm that, under the Bill, any Christian doing what the late Mr. Hammond did would be prosecuted under a certificate issued by the DPP, with the result that they would be prosecuted in the same manner as if they were a terrorist? In the same subsections, the Bill states that not only would this kind of non-jury prosecution occur for those who incited a crime or who were proactive in committing a crime, but that a non-jury trial certificate would also be issued for those who breached the law in responding to or reacting to an attack. Will the Minister confirm what would happen if a resident in south Armagh, for example, were to find his or her home under attack—I can assure him that that still happens from time to time in that area—and were to defend him or herself and his or her family, and property, from the thugs who sought to do them harm on the grounds of their religion? Will the Minister confirm that, if the person under attack were to breach the law, he would be tried under the same measures as if he were the paramilitary organisation that sought his hurt and that he would be treated in law like the very terrorist who sought to terrorise him and his family? Clause 5(4) states:"““No inference may be drawn by the court from the fact that the certificate has been issued in relation to the trial.””" Will the Minister outline exactly how he intends to ensure that that will be the case in practice? What criteria will he put in place to assess that that has been the case? How does he propose to review decisions and judgments passed down by the courts to ensure that no inference has been drawn? Who will be responsible for reviewing the court proceedings to ascertain whether any inference was drawn in contravention of the wording of the Bill and what powers will that person have? Clause 28 deals with taking possession of land. It states:"““If the Secretary of State considers it necessary for the preservation of the peace or the maintenance of order, he may authorise a person—""(a) to take possession of land or other property””" or cause it to be removed. Would the Minister consider the gentleman called Mr. ““Slab”” Murphy’s continuing criminal empire in south Armagh to be a threat to the peace of south Armagh? Will he give tonight a categorical and unequivocal pledge that, if the Bill becomes law, he will, within a stated time frame, order the seizure of Mr. Murphy’s land and the destruction of whatever buildings are necessary, including the farm house and barns? After all, those powers are afforded to the Secretary of State in the Bill and if he is not prepared to use them against one of the most notorious and ruthless criminal gang leaders and terrorist godfathers in Northern Ireland, what is the point in his having those powers in the first place? Finally, paragraph 4(1) and (2) of schedule 3—I can see the Minister writing anxiously; I hope that he is getting all the details—deals with the powers to stop and search people. That was referred to earlier in relation to the Army and the police. Will those measures apply to Members of the Northern Ireland Assembly when they are at Stormont? Given the events of the past, when major spy rings were in operation, and given that it seems that senior members of Sinn Fein/IRA are still working for British intelligence, surely the provisions would be important. I said at the beginning of my speech that I would be brief. I hope that the Minister has written all my questions down, and I look forward to some straightforward answers.6.15 pm