Criminal Justice: Sentencing
Justice
2:30 pm

Jonathan Craig (DUP)

2. asked the Minister of Justice to outline the timescale for a review of sentencing for the murder of PSNI officers. (AQO 2225/11-15)

David Ford (Alliance)

With your permission, Mr speaker is in charge of proceedings of the House of Commons in..." class="glossary">Deputy Speaker, I will take questions 2 and 9 together.

As I announced on 11 June, I intend to carry out a wider review of the legislation governing the determination of tariffs where the court has passed a life sentence for murder. The review will include, but not be limited to, the determination of tariffs for the murder of police officers.

I have asked my Department to give priority to the review, and initial work is already under way. While the review will include a consideration of arrangements in other jurisdictions, including England and Wales, my aim is not to replicate the GB model but to find a way forward that is right for Northern Ireland. The review will also need to reflect the findings of the Court of Appeal, which has been asked by the Director of Public Prosecutions to consider the tariffs handed down to Wootton and McConville for the murder of Constable Stephen Carroll. That will provide the opportunity for the Court of Appeal to consider the sentencing guidelines for the determination of tariffs.

The recommendations of the review will be published for consultation as soon as I have had time to consider the court’s decision in the two cases referred to it, and to take the views of the Justice Committee in light of them.

Jonathan Craig (DUP)

I welcome the Minister’s statement on that issue and the fact that the review will relate to Northern Ireland. There are some peculiar issues with regard to younger people’s sentencing. Does the Minister agree that this House could send that out as a very positive message to the PSNI, who are under a very real and serious threat? It would be a very good message that this entire House could send out to the members of the force that we really appreciate them, if we can speedily resolve this issue of sentencing over the murder of police officers.

David Ford (Alliance)

I certainly agree with Mr Craig that this House should send a message of support to police officers. I believe that that is what the response to the sentencing in the case of the murder of Constable Carroll did. It sent out a message of support from throughout this House and the wider community of support for the work done by police officers.

I am not sure, however, that we can necessarily deliver as speedily as some Members might wish. I believe it is appropriate to wait until the Court of Appeal has issued its determination in the particular case that we are discussing before the Department can move on and work to the wider issues. That is why I asked that initial work starts in advance of the Court of Appeal judgement, so that we can deal with it as speedily as possible to provide that encouragement.

Raymond McCartney (Sinn Féin)

Go raibh maith agat, a LeasCheann Comhairle. Gabhaim buíochas leis an Aire as an fhreagra sin.

I thank the Minister for his answer. Does he agree with me that perhaps the best way forward or the best model would be a sentencing council, which would bring both clarity and parity to all sentencing processes?

David Ford (Alliance)

Raymond McCartney and I could go back two and a half years to discuss the potential merits of a sentencing council. I believe that the work being carried through by the Chief Justice and the involvement of lay members in his work on developing sentencing guidelines, backed up by the work that the Department is prepared to do, is capable of providing the necessary consistency and reassurance to the community that it would wish. I am reluctant to move forward on a formal sentencing council if it would not achieve any more than that work being done informally, given that there is always pressure on budgets, and that it has been estimated to cost almost £500,000 a year merely to establish a statutory council rather than have the work done that is being led by the judges at the moment, which would be reasonable. That having been said, I am on record as saying that we will see how it goes. I am prepared to reconsider the issue if concerns continue; however, we need to allow the Chief Justice to carry through the work that he has undertaken.

Basil McCrea (UUP)

Minister, do you agree with me that there is widespread public disquiet about sentencing for the murder of police officers, and that public opinion needs to be taken very seriously? What steps does the Minister plan to step in his review to ensure that the public is fully informed about the reasons behind sentencing procedures?

David Ford (Alliance)

Public concern needs to be addressed; that is why the review will be carried out in an open and transparent way. It will involve building on the work of the Court of Appeal in the case of Wootton and McConville, it will allow public consultation, and it will ensure that the views of the House, through the Justice Committee, are taken into account. It is also my belief that the work of the Chief Justice on encouraging lay participation should enhance confidence. We need to await the results of that work and ensure that we build confidence rather than second-guess a process that is barely under way.

Conall McDevitt (Social Democratic and Labour Party)

Will the Minister elaborate on the sentencing group that the Chief Justice is organising? Specifically, is he engaging with that group, and, if so, how periodically and on what matters; and does he anticipate its engaging more directly with any Committee of the House?

David Ford (Alliance)

Mr McDevitt makes a fair point about how confidence is provided. The judicial sentencing group is a matter for the judges, with the lay involvement that the Chief Justice has agreed to. He has a programme of action that is looking at a range of options and which has already produced a number of guidelines, particularly in the lower courts, where there is a greater concern about inconsistency between the district judges in different courts. That is part of an area where there is already the opportunity to build up confidence and to ensure that we have transparent and open sentencing benchmarks. I should be very cautious, as Minister, of suggesting either that members of the Executive or members of the legislature should get too closely involved in work that, at that level, is properly the role of the judiciary. I will seek to develop a community engagement strategy, which, I believe, is part of the role of the Department of Justice, to ensure that we get a proper two-way flow of information on sentencing, which, I believe, will address the points that both Mr McDevitt and Mr McCrea have just made.