My Lords, following on from the debate about the word ““regularly””, I think that the Minister has given a very inflexible and rather unusual interpretation of it. Going by normal usage of the word, I do not think that there would in any way be the degree of inflexibility that he complains about. Even if he is still worried about that, he might like to turn his attention to Section 47 of the Justice (Northern Ireland) Act 2002, which is the legal framework that the Minister in another place, Mr Goggins, said would be assimilated under his amendment for the inspection of community restorative justice schemes. Section 47 says: "““The Chief Inspector must””—"
there is that word ““must”” again— "““from time to time, after consultation with the Secretary of State and the Attorney General for Northern Ireland, prepare a programme specifying the inspections which he proposes to carry out””."
The phrase ““prepare a programme”” clearly indicates not the inflexible regularity that the Minister thinks of, but a regularity that can be tempered with regard to what is being inspected and the appropriate circumstances for it. I do not think that the word ““regularly”” carries the weight that the Minister attaches to it.
Furthermore, the 2002 Act makes it clear that the inspector can draw up a programme. If that section were to apply to the inspections under the criminal justice scheme, there would be no difficulty. I am not sure whether it does or does not at the moment, because it is not clear to what extent the general provisions of the Justice (Northern Ireland) Act 2002, which regulate the actions of the Criminal Justice Inspectorate and other matters, will also apply to the actions of the Criminal Justice Inspectorate with regard to inspection of community restorative justice schemes. In any event, the Minister’s point is not well taken.
I have some sympathy with what the Minister says about the publication of reports. My concern when I saw the phrase ““from time to time”” was—and the Minister made the point precisely—that the Northern Ireland Office, which for various reasons is sometimes suspected of having too much tenderness towards the concerns and needs of paramilitaries and not enough concern for the safety and rights of citizens, mightbe tempted to let some embarrassing reports lie gathering dust for a long time. If that concern can be met in other ways, I shall not stand in the way.
I want a clear duty to be placed on the Criminal Justice Inspectorate with regard to the carrying out of inspections of accredited schemes. That is important because, as I said when proposing the new clause, it will greatly strengthen the hands of the Criminal Justice Inspectorate. That is the only safeguard that we have with regard to these novel adventures, which we know carry risks. It is for that reason and because I am not satisfied with the—
Justice and Security (Northern Ireland) Bill
Proceeding contribution from
Lord Trimble
(Conservative)
in the House of Lords on Monday, 21 May 2007.
It occurred during Debate on bills on Justice and Security (Northern Ireland) Bill.
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