Terrorism (Northern Ireland) Bill

If I were a parliamentary representative in the south of Ireland, I would be making exactly the same point. The provision simply does not stand up to scrutiny both of its practical benefit, on which Lord Carlile has commented, and of its principle of diluting the burden of proof when someone is charged with such a serious offence. How can the soon-to-be right hon. Gentleman and the Minister justify keeping the section in force when Lord Carlile of Berriew, who has been listened to in almost every other respect and has successfully advised the Government, has said that it should be repealed? As we do not have Lord Carlile’s assessment of the use of the section in full during the course of the year, will the Minister tell us of any instances when it has been used in the past 12 months, because I have yet to hear that evidence? In February’s debate to renew part VII provisions, my hon. Friend the Member for Orkney and Shetland (Mr. Carmichael) raised concerns about section 75, which provides for non-jury trial in Northern Ireland—a Diplock trial. Although 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, he recommended in his last report that the Government should consider moving from employing one judge in non-jury trials to a three-judge court. He states:"““A three judge court would command greater confidence in one part of the community, without diminishing confidence rationally elsewhere.””" As part of the normalisation process in Northern Ireland, we have to move in that direction. We would all prefer it if the circumstances allowed us to return to full jury trials in Northern Ireland, but without pre-empting what might be in my noble Friend’s report in the coming months, I suspect that we are not there yet. A three-judge court would demonstrate that we are moving towards the restoration of a normal judicial process in Northern Ireland. What discussions have taken place since February to move the situation on? Are the Government considering how we can make progress on that crucial issue? The Secretary of State made encouraging noises about considering the issue, at least in the broader context. Will the Minister confirm that he will give serious consideration to an amendment tabled in Committee to create a three-judge court environment? I can see absolutely no downside for the Government in making that move forward, but a considerable improvement—an upside—among certain sectors of the Northern Ireland community in their faith that the courts will be fairer. There are also ways in the 2000 Act to reintroduce parts currently repealed, in particular as set out in clause 2. That would require primary legislation. We very much agree that that is the right way forward, but what time do the Government foresee for those debates, because they must be more than merely tokenistic? Despite concerns about specific sections, it is important to ensure that part VII provisions remain in force for the time being. However, I shall study with the greatest interest and in detail the next IMC report and Lord Carlile’s report. Once again, the more that the Government can provide as an advance indication of where they might be going, the more useful that would be. There is one irony that cannot go unmentioned, however. The Bill is in large part based on the historical and political experience of the Province and is thus in keeping with a mature understanding of the motivations of the terrorists, as well as the reality of terrorist acts. Let us remember the reason for the Bill. The 2000 Act tidied up and extended previous counter-terrorism legislation and put counter-terrorism laws on a permanent footing. It was intended to combat all forms of terrorism, not just terrorism connected with the affairs of Northern Ireland. It provides a range of measures designed to prevent terrorism, supports the investigation of terrorist crime and extends UK-wide. Why have the Government failed to understand the contradiction between the judgments they make about Northern Ireland, which can lead to informed and consensual solutions, such as this Bill, and the unjoined-up approach that they take to international terrorism as a whole? Why is it that the very things that bring us together on this Bill should not have counted one jot in the many terrorist debates and Bills that have been thrown at us in recent weeks in the international context? Why is it that right hon. and hon. Members can talk rationally about these things in the Members’ Tea Room and agree that there is an inconsistency between how we deal with Northern Ireland terrorism and international terrorism, and yet we are presented with a malignant, aggressive and unlistening Government when it comes to tackling terrorism in the rest of the UK?