I had not intended to speak on this issue until I heard the noble Lord, Lord Trimble. He referred to the subject at Second Reading, and I agreed with what he said then—and I agree even more, having heard what he said today.
My party, as I understand it, is fully in support of the principle of community restorative justice schemes, as I think the noble Lord, Lord Trimble, also is. But the rule of law, which is something on which people pontificate very readily, often without understanding why it is at the heart of a democracy, is a principle that transcends everything else. It is a principle well recognised on both sides of the Irish Sea and north and south of the border. If that principle is undermined and these schemes become a mockery of justice, that is extremely serious for the future of the citizens of both islands and countries.
I am sure that my view will be reflected by my party, although I am now speaking for myself. The rule of law first requires, as the noble Lord, Lord Trimble, said, a legal basis for these schemes, so that they do not suffer from the vice of extreme informality with all the dangers that that implies. Secondly, there must be prescribed criteria for the scheme, including requirements that those who administer this form of justice are qualified, independent and impartial in the sense required by natural justice. Thirdly, there must be adequate safeguards against abuse of the procedures. Whether a republican, unionist or any other political interest group was involved, and whatever their associations in the past, I would say of any of them that these principles transcend party and societies. They apply now with particular force in Northern Ireland, as it has moved from a period of grave undermining of the rule of law to what we all hope is going to be a healthy democracy based on the rule of law and an end to lawlessness, terrorism and the scourge of violence that has afflicted both communities.
For the sake of all the people of Northern Ireland, I hope that the Government will respond to the noble Lord’s amendment before we debate the matter at the next stage.
Justice and Security (Northern Ireland) Bill
Proceeding contribution from
Lord Lester of Herne Hill
(Liberal Democrat)
in the House of Lords on Wednesday, 21 March 2007.
It occurred during Debate on bills
and
Committee proceeding on Justice and Security (Northern Ireland) Bill.
Type
Proceeding contribution
Reference
690 c238GC 
Session
2006-07
Chamber / Committee
House of Lords Grand Committee
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2023-12-15 12:46:05 +0000
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