Justice and Security (Northern Ireland) Bill

We are now dealing with one of the most draconian elements in the Bill, and I support what the hon. Member for Argyll and Bute (Mr. Reid) said about amendment No. 15. It would remove clause 7, which prevents any legal challenge whatsoever to the DPP’s decision to issue a certificate to the effect that that a defendant should be tried without a jury. The Bill, unlike the Criminal Justice Act 2003, will not require the DPP to apply in court to have a case tried without a jury, but clause 7 goes further. It allows the DPP alone to decide that a trial should be held without a jury, and it also provides that that decision cannot be challenged by judicial review. That runs contrary to the terms of the Government’s consultation paper for the Bill, in which it was stated that, like other administrative decisions, the DPP’s decision would be judicially reviewable. That is what the public were told, and what the Government believed was a reasonable and proper administrative model for the provision of non-jury trials. However, the Bill is entirely different. It also runs counter to the recommendations that the Government received from Lord Carlile, who believed that, although the Bill should contain some provisions for non-jury trials, the decision by the DPP should be judicially reviewable. There are two lessons for those of us who are told that Lord Carlile will be a great reassurance in these matters, as he will be the one reviewing the future role of MI5. First, those of us who do not agree with non-jury trials can question Lord Carlile’s judgment in this matter; and secondly, it is clear that the Government have overturned one of his key conditions—that the DPP’s decision should be judicially reviewable. For both those reasons, therefore, we find it difficult to accept that Lord Carlile will be able to reassure us about the conduct of MI5. In Committee, the Government said that they were merely trying to use clause 7 to reproduce the result of the Shuker case, when it was stated that courts should be ““reluctant to intrude”” on any decision made by the DPP to deschedule. This Bill gives the DPP the unchallengeable power to issue a certificate to the effect that a trial should not have a jury. That decision cannot be challenged in court, or even questioned by the court itself. The Secretary of State said in the Second Reading debate of 13 December that a judge might ask the DPP privately about the matter, but that seems rather unusual. The Government say that clause 7 is intended to deal with the lessons of the Shuker case, but we believe that it goes much further than that. The Shuker case established that courts should be ““reluctant to intrude”” on the DPP’s decision in respect of non-jury trials, so why are the Government legislating to prevent them even from looking in at the door or the window? Government amendments Nos. 29 to 31 represent a slight movement in that respect, allowing the courts to step in when there is bad faith or ““other exceptional circumstances””. However, in circumstances when, as the Minister told us in Committee, there is no information on the certificate—so we shall not know which conditions the DPP felt were satisfied and neither the defendant nor the lawyer will know the grounds on which it was issued—it is hard to know how we could mount a challenge on grounds of dishonesty, bad faith or an error in law. It would be impossible for anyone to mount a significant challenge when no information was given. The change that the Government appear to offer in their amendments is a mere figment. The Government’s proposals do not go anywhere near far enough. They do not deal with the point made by the hon. Member for Argyll and Bute because they do nothing to mitigate the effect of subsection (3) of clause 7, which derogates from the Human Rights Act and thus from the European convention on human rights. It abandons the basic standards of decency that have been meant to apply throughout Europe for more than 50 years. It is extraordinary that the Government are doing that in Northern Ireland, when the security situation is improving dramatically. Earlier, Opposition Members said that we needed to look to the future and to take account of al-Qaeda and wider terrorist threats, but they should remember that the Bill’s provisions apply only to prescribed organisations dealing with the affairs of Northern Ireland; they will not extend to al-Qaeda or anyone else. The Government keep telling us how things are improving in Northern Ireland and that there is such great confidence that the previous special provisions are being repealed, so how can they justify such provisions in the Bill? That is why I am proud to argue that clause 7 should be deleted.