Justice and Security (Northern Ireland) Bill

moved Amendment No. 25: 25: Clause 15, page 13, line 40, leave out from beginning to end of line 25 on page 14 The noble Lord said: I have essentially spoken to the substance of the amendment, which leaves out from the beginning of line 40 on page 13 to the end of line 25 on page 14, dealing again with the place of detention. Again, these lines are highly bureaucratic and, as far as I am aware, unprecedented in Human Rights Commission or Equality Commission legislation. First, the commission may specify the place of detention in the terms of reference of the investigation, only if it has, "““considered whether the matter in respect of which the place is specified has already been sufficiently investigated by another person””." So it must presumably look at the other 17 bodies, and see what it thinks of what they have been doing. It must then decide that those 17 bodies have not considered the particular matter. In subsection (5), the Bill goes on to say that the power to investigate, "““under subsection (1) may not be exercised””." We then have a series of provisions which I find unnecessarily bureaucratic. It seems to us that they could simply be dispensed with altogether: "““during the period of 15 days beginning with that on which copies of the terms of reference of the investigation are provided … or while an application under subsection (6)””," has been made to a county court and, "““has not yet been determined””," for example. There is then a power for the country court to, "““on the application of a person who appears to the court to be responsible for a place of detention specified in terms of reference— (a) order that the power under subsection (1) may not be used to enter the place of detention; (b) impose restrictions on the exercise of the power in relation to the place of detention; (c) require the Commission to amend the terms of reference.""(7) An order may be made under subsection (6) only if the court thinks that— (a) access to the place of detention is unnecessary having regard to the purpose of the investigation, (b) it would be unreasonable to allow the Commission access to the place of detention, or (c) the Commission has failed to comply with subsection (4) or section 69D.""(8) In considering whether to make an order under subsection (6), and in considering the terms of an order under subsection (6)(b), the court shall have regard, in particular, to the likely impact of the use of the power under subsection (1) on the operation of the place of detention””." I find it difficult to be polite about that. It seems wholly unnecessary. When the other existing commissions propose to investigate—and they have subpoena powers and all the rest of it—they are fully subject to judicial review if they act unfairly. There have been cases where the commissions have been successfully challenged by judicial review. I fully understand the needs of fairness and relevance; public law principles ensure that such things must be complied with for every public authority including this commission. But I do not understand these kinds of restrictions and this highly cumbersome procedure. A county court judge, of all people, will have to make decisions of this kind, not a High Court judge who is familiar with issues of public law and excessive powers and so forth. A county court judge will examine the proposed terms of reference, deal with all of that, and look at the other 17 bodies before there can be an investigation into a specified place of detention. In our report, we regarded all of that as, "““far too onerous to enable [the commission] to carry out its statutory responsibilities in an effective manner””." I would love to hear why these restrictions are imposed on this commission when they are not imposed on any other human rights body in the United Kingdom, or, as far as I am aware, elsewhere in the democratic world or in relation to the Equality Commission. Unless there is some very special reason, it will look terrible if we approve these kinds of cumbersome and bureaucratic restrictions. I beg to move.