Terrorism (Northern Ireland) Act 2006 (Transitional Provisions and Savings) Order 2007

rose to move, That the Grand Committee do report to the House that it has considered the Terrorism (Northern Ireland) Act 2006 (Transitional Provisions and Savings) Order 2007. The noble Lord said: On 1 August 2005, the Secretary of State for Northern Ireland announced a programme of security normalisation, including the repeal of all counterterrorist legislation particular to Northern Ireland by 31 July 2007, subject to an enabling environment. As is well known, the security situation in Northern Ireland is markedly different from that of a few years ago. The normalisation programme is on target and in its final stages. Bessbrook Mill military base, in south Armagh, was vacated by troops as recently as 25 June. This is the second consecutive year when troops were not needed on the streets of Belfast on 12 July. In this context, the time is right to repeal Part VII of the Terrorism Act 2000. However, it is sensible to put in place some transitional and saving provisions to ensure an effective and smooth change from one regime to another. There are some transitional provisions in Section 113 of the 2000 Act, but these are temporary and will expire on 31 July 2007 without this order. We also think that these provisions are not sufficient by themselves to deal properly with these important issues; the more detailed provision in this orders are believed necessary. It may help if I explain some of the main elements of the order and why they are believed to be necessary. The order preserves the arrangements for scheduled bail in respect of defendants who are granted bail for a scheduled offence under Section 67 of the Terrorism Act 2000 on or before 31 July. This will ensure that a defendant will still be under a continuing duty to surrender to the custody of the court and comply with any bail conditions. It will also ensure that the provisions relating to absconding and the power to arrest without warrant for breach of bail conditions will continue to apply. The order preserves the existing transitional provisions in the 2000 Act relating to Diplock trials in progress. If the indictment has been presented in a case—this normally happens a day or two before the defendant enters his plea at the arraignment hearing—the trial can continue under the Diplock arrangements. Without this, double jeopardy rules could apply, potentially preventing any conviction at all of an individual. The order maintains the unfettered right of appeal from a Diplock court, where it is not necessary to seek leave to appeal first. This means that individuals convicted by a Diplock court will still benefit from this provision, even if they lodge their appeal after the repeal of Part VII. That is an important safeguard. The order also preserves police and military powers in relation to operations which may be in progress at the end of 31 July 2007. For example, if a search is in progress when Part VII is repealed, the police will be able to continue that search until it is completed. If evidence has been seized under Part VII, it can be kept to support any prosecution. The order preserves obligations on the police and military to make records of actions taken under Part VII. The compensation scheme is also preserved, so that claims relating to things done up to the end of 31 July 2007 can be made and compensation paid. The order enables the Independent Assessor of Military Complaints Procedures to make a final report covering the period up to the end of 31 July 2007. The military will remain under a duty to provide him with information necessary for his reports. Sections 107 to 111 of the 2000 Act can continue to apply in respect of Diplock trials in progress or individuals convicted before 31 July 2007. Finally, the order makes savings for physical security measures in Northern Ireland, road closures and land requisitions. An audit has been conducted so that only those that are necessary on security grounds will remain, and those that are retained will be kept under review. Several security measures have been able to be removed. Much of the land requisitioned for Crossmaglen police station has been handed back to the landowners, Shore Road at Ballykinler army base has been opened, and there are plans to open lower Chichester Street, in front of the Royal Courts of Justice, to buses. We are all looking forward to the day when there will be no need for barriers between the communities, and physical security measures will be authorised only as a last resort, where it is necessary to protect life and property. I am sure that the political leadership shown by the Executive is bringing that closer each day. Each measure will be examined individually and fresh authorisations made for any that need to remain. This will be done on the basis of new security advice from the Police Service of Northern Ireland and the new powers in the Justice and Security (Northern Ireland) Act 2007. This work will be done in the autumn and the measures kept under regular review thereafter. I am sure that noble Lords will agree, as elected colleagues in the other House did, that these transitional provisions and savings are both proportionate and necessary for the effective repeal of Part XII. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Terrorism (Northern Ireland) Act 2006 (Transitional Provisions and Savings) Order 2007. 22nd report from the Statutory Instruments Committee.—(Lord Rooker.)