Clause 4
Justice and Security (Northern Ireland) Bill
6:15 pm
Paul Goggins (Parliamentary Under-Secretary, Northern Ireland Office; Wythenshawe and Sale East, Labour)
Once again, the hon. Lady demonstrates the trouble she goes to in looking into the detail of this. I, too, looked at the list of office holders in schedule 1. She omitted to mention the president of the special education needs tribunal for Northern Ireland, who probably sits alongside some of the other people she mentioned. They all do their job perfectly well. But that is not the issue she raises here. This is a case of, “If it ain’t broke, don’t fix it.” I hope to explain to the hon. Lady why I believe that we should leave the situation alone. This provision is similar to one that already operates successfully under the Diplock court system. We see no reason to change it.
Most non-jury trials take place in Belfast in circumstances where the greatest security can be afforded. Hon. Members would expect that. Occasionally, for various reasons, it may be necessary and appropriate to hold the proceedings outside Belfast. The provision gives the Lord Chief Justice the power to make that decision. It also gives him the power, in the part of the clause to which the hon. Lady has drawn our attention, to delegate that decision to others. One can imagine the circumstances when that may occur. For example, if the Lord Chief Justice is ill, indisposed or away for some reason, it may be necessary for that decision to be taken in his absence. He needs the power to delegate.
Of course, one would expect the decision to be delegated to someone with appropriate experience and seniority. The key judgment here is not about the list. It is about the Lord Chief Justice’s own capacity to decide who in this list would be the appropriate person to take that decision. The evidence is that the Lord Chief Justice has operated a similar system under the Diplock regime perfectly well and without any cause for concern. It is therefore perfectly legitimate to continue that arrangement and use schedule 1 to give the Lord Chief Justice discretion in a way that has already worked.