Schedule 2 - Special Tribunal
Northern Ireland (Offences) Bill
9:45 am
Jeffrey M Donaldson (Lagan Valley, DUP)
I beg to move amendment No. 42, in schedule 2, page 16, line 28, leave out “has held” and insert “holds”.
Many issues that relate to the amendment were covered in the previous debate. I realise that we are making slow progress this morning, so I shall be brief. The amendment deals with the appointment of retired judges to the special tribunal. The provision requires the special tribunal to
“consist of a person who has held high judicial office in Northern Ireland”
or in England and Wales, or a former High Court or county court judge in Northern Ireland.
The explanatory notes suggest that the person involved should be retired, but it could be argued that a current judge of such standing would fit the description of having held high office. For example, Sir Brian Kerr has held high judicial office since 1994. Will the Minister clarify whether the definition of “has held” high judicial office is exclusively in respect of retired judges? He suggested that in an earlier debate.
We believe that such matters are extremely important. The Minister said that many cases will deal with the charge of murder. Is it appropriate and sufficient to leave such matters to a retired judge? After all, the law evolves all the time. Can we be certain that a retired judge will have followed all the changes in the law and that he will be up with all the precedents that are relevant to the case he is considering?