Terrorism (Northern Ireland) Bill

My Lords, it is, of course, extremely disappointing that we are still here today debating the necessity for the Bill as it touches on terrorism matters in Northern Ireland. But, as we have heard, it is still important to ensure that terrorism is fought wherever it appears—and, sadly, Northern Ireland has known its full horror for far too many years. That is why we are here to extend, yet again, the provisions of the Terrorism Act 2000 to Northern Ireland, and specifically Part VII of the Act which applies only to Northern Ireland, as the Minister outlined at the beginning of his speech. As we have heard, the provisions are temporary. We have seen them before, always hoping it would be the last time. They are also time-limited, as my noble friend Lord Smith of Clifton reminded us. We therefore agree that they need to be extended once again, otherwise they will expire on 18 February. Progress is being made, slowly and painfully, but with some amount of good will here and there. It is to be hoped that politicians of all persuasions will work together so that these provisions may not be necessary for much longer. Perhaps this is a na&-uml;ve and wishful thought but it is the only way in which this part of the legislation will eventually be repealed. As my noble friend Lord Carlile of Berriew noted in the introduction to his Report on the Operation in 2004 of the Terrorism Act 2000:"““Serious political parties can have no truck with organised crime or gang violence. This needs to be accepted without demur on a permanent basis by all parties in Northern Ireland. Those who oppose judge alone criminal courts there weaken their case dramatically by any involvement in the activities of ruthless criminals to whom intimidation of others is second nature. I cannot emphasise too much the importance of that observation””." We urge all parties to think carefully about that statement. As it stands, those Part VII provisions extending only to Northern Ireland are to remain in force until 31 July 2007. If by then it appears to the Government that normalisation has taken place, then Part VII will be repealed, as we have heard. Of course, if normalisation has not taken place, then Part VII can be extended by order for a specified period up to 1 August 2008. Let us hope that will not be necessary. The Bill also makes provision to add to the list of scheduled offences under Part VII of the 2000 Act other offences created by the Prevention of Terrorism Act 2005; to repeal certain provisions which are not currently in force; and to retain parts of the Justice (Northern Ireland) Act 2004 until July 2007, ensuring that breaches of bail on scheduled cases are dealt with in a similar way to non-scheduled cases and also to those cases to which my noble friend Lord Smith of Clifton referred. Perhaps the most controversial part of the Bill is to retain the Diplock courts, a matter which has already been referred to. Sections 65 to 80 and Schedule 9 deal with this part of the Bill. This court system dates back to 1972 and it is indeed regrettable that we still have to refer certain—albeit very serious—and specific cases to such courts. These special judicial arrangements are for prosecutions relating to paramilitaries and the special situation in Northern Ireland. They may still be necessary to deal with cases of witness and jury intimidation, but until normality is reached the Government feel it is still necessary to retain them. It is vital, therefore, that Parliament keeps a very careful eye on how these courts are operating. We expect to hear more about this at a later date. Section 108, which has been referred to, is a concern of ours and I look forward to the Minister’s response to my noble friend Lord Smith of Clifton, who raised the matter in his speech. For how long will this legislation stay on the statute books without its ever having been used? This has been a short but important debate for the people of Northern Ireland and for their safety. But, as I said at the beginning, it is regrettable that the Bill has had to be brought before your Lordships’ House. I reiterate that we hope it will be the last time we have to deal with these matters.