Terrorism (Northern Ireland) Bill

New clause 1 would amend the Terrorism Act 2000 to provide that Diplock courts would in future consist of three judges of the Crown court. The business of the Crown court in Northern Ireland is dealt with by judges of the Court of Appeal, High Court and county court sitting in the Crown court in accordance with directions given by the Lord Chancellor. Lord Carlile has recommended on several occasions that a three-judge court could be a replacement for Diplock courts. However, I remind the hon. Member for Montgomeryshire (Lembit Öpik) that Lord Carlile draws no firm conclusions and has stated that the decision is one for the Government. Indeed, the proper context is the 2004 report, where he says:"““My overall conclusion is that a 3 judge, non-jury court could””—" not ““would”” but ““could””—"““function satisfactorily even if the judges were of non-equivalent judicial status. Nevertheless the present single-judge courts continue to offer a high standard of justice: there is no evidence of any deficit in the quality of single-judge courts.””" Crucially, he continues:"““Having provided those conclusions, whether there should be a change is a matter outside my direct purview. It is a matter for Ministers, and the evolving political process. Political and economic judgments at that level are founded on broader considerations than my responsibilities as reviewer permit.””"