Justice and Security (Northern Ireland) Bill

My Lords, this has been a valuable debate. We lack one set of opinions, to which the noble Lord, Lord Trimble, drew attention, due to the absence of our DUP colleagues. I hope that this is because they are away electioneering rather than because they want to keep their cards close to their chest and take it right up to the wire. I hope that I will not have to be as pessimistic as the noble Baroness, Lady Park. As the noble Lord, Lord Trimble, said, we must wait and see how Sinn Fein’s attitude to policing unfolds in practice as well as in words. However, I agree with her that it is disconcerting that of the 99 Roman Catholic recruits to the PSNI 76 have resigned. That rate of attrition is not acceptable. My noble friend Lady Harris was absolutely right to draw attention, as did other noble Lords, to non-jury trials and the role of the Director of Public Prosecutions. We believe that this should be undertaken by a member of the judiciary. Others did not mention this, but there remains the question which I hope the Minister will address; namely, the accountability of MI5 in Northern Ireland. Under these proposals, it appears that it will remain the lead agent as opposed to the Police Service of Northern Ireland. I am sure that the whole House shares my view that the speech of the noble Lord, Lord Trimble, was measured and constructive. Perhaps I may single out the question of restorative justice, on which other noble Lords have not remarked. We on these Benches have often urged it, but the way in which it seems to be occurring is most unsatisfactory. At the moment, it has more of the characteristics of a kangaroo court than something that can be seen to be properly based on law. No one would criticise the integrity or courage of the Northern Ireland judiciary over the years in presiding over Diplock courts. In answer to the noble Lord, Lord Trimble, my noble friend Lady Harris did not criticise the judiciary; she was criticising the continuance of non-jury courts, which we on these Benches would want only in the most extraordinary and exceptional circumstances. The noble Baroness, Lady Blood, made a strong defence of the Northern Ireland Human Rights Commission and, as noted by the noble Lord, Lord Lester, anticipated many of the remarks that he would make. We support the observation made by the noble Baroness, especially with regard to the Bill’s fettering of the commission’s work, a point on which the noble Lord, Lord Lester, also spent time. We shall support any amendments that he is likely to table in Committee. We welcome the Bill, broadly speaking, but there are specific issues that we look forward to addressing in Committee with a view to improving the Bill still further.