1.On 23 May 2019, the Committee requested that the Ministry of Justice submit a memorandum on the following points:
Clarify which amendments made by the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 or the Criminal Justice (Amendment etc.) EU Exit Regulations 2019 require the revocation by regulation 5(1)(e) of rule 62A of the Crown Court Rules (Northern Ireland) 1979 and the consequential amendments made by regulation 5(2) and (3), and the revocation by regulation 6(1)(e) of rule 52L of the Magistrates’ Courts Rules (Northern Ireland) 1984 and the consequential amendments made by regulation 6(2) and (3).
2.The Department is grateful for the Committee’s consideration of this instrument, and responds as set out below.
3.The Committee is correct to note that there is an error in regulation 5(1)(e), (2) and (3), and regulation 6(1)(e), (2) and (3) of the Criminal Procedure (Amendment) (EU Exit) Regulations 2019. It appears that rule 62A of the Crown Court Rules (Northern Ireland) 1979 and rule 52L of the Magistrates’ Courts Rules (Northern Ireland) 1984 were mistakenly considered to implement obligations under European Union law and were therefore erroneously included. The consequential amendments in regulations 5(2), (3) and 6(2) and (3) were also therefore included in error.
4.The Department is grateful to the Committee for alerting the Department to these errors and can confirm that the relevant rules committees in Northern Ireland will make the necessary corrections at the earliest opportunity.
Ministry of Justice
24 May 2019
Published: 14 June 2019