New Clause 2 - Mode of trial on indictment (no. 2)
Terrorism (Northern Ireland) Bill
11:45 am
Lorely Burt (Shadow Minister, Northern Ireland Affairs; Solihull, Liberal Democrat)
I beg to move, That the clause be read a Second time.
The new clause would amend the way that the Diplock court system runs in Northern Ireland. Everyone knows the history of why single judges currently sit as both judge and jury in some cases. The Liberal Democrats are completely committed to the jury system of trial. We have fought against Government moves to infringe on that right during the passage of various criminal justice Acts in the past eight years.
We had the option to table an amendment that would simply have repealed section 76 of the Terrorism Act 2000, but we were aware that that might not gain a great deal of consensus in Committee. We have therefore taken up the highly reasonable suggestion made by Lord Carlile in his last report on the operation of part 7 of the 2000 Act that three judges of the Crown court should sit in such trials, rather than one. It is fair to recognise Lord Carlile’s assessment that Northern Ireland judges apply rigorous standards to the quality of evidence in non-jury trials, but in making the suggestion he stated that a three-judge court would command greater confidence in one part of the community, without diminishing confidence, rationally, elsewhere.
It is vital that we try to move towards a more normal system of trial for scheduled offences in Northern Ireland. Lord Carlile’s suggestion is very sensible. I agree with him that such a move would help to secure greater confidence in how the criminal justice system operates in scheduled-offence trials in Northern Ireland. The Government should seriously consider how best to move the situation forward.