House of Lords
Friday, 3rd May 2002.
The House met at eleven of the clock: The LORD CHANCELLOR on the Woolsack.
Prayers—Read by the Lord Bishop of Southwark.
Justice (Northern Ireland) Bill
The Lord Privy Seal (Lord Williams of Mostyn) : My Lords, I beg to move that this Bill be now read a second time.
The parties to the Belfast agreement saw that there was an opportunity to deliver a wide-ranging review of the criminal justice system in Northern Ireland. The aim of the review was to ensure a fair and impartial system which could command the confidence of all parts of the community while delivering justice efficiently and effectively. Those principles underpinned the criminal justice review and they underpin this Bill.
This Bill provides the most fundamental overhaul of the criminal justice system in Northern Ireland for at least 30 years. I pay tribute to those concerned with the administration of justice in Northern Ireland who have served, and continue to serve, so effectively in extremely difficult circumstances. The quality and commitment of the judiciary, the impartiality of the prosecution service and the effectiveness of the service delivered across the criminal justice system in trying times are beyond doubt.
The criminal justice review made nearly 300 recommendations across the criminal justice system. This Bill aims to be evolutionary, not revolutionary, and as such I hope it retains the very best of the current system. In implementing decisions on the review, our aim has been a justice system which not only is accountable, impartial and effective, but one which is seen to be those things by all parts of the community. The Lord Chancellor and the Attorney-General have responsibility for a number of the provisions in the Bill. We shall work closely together in taking forward the legislation and both of my colleagues will have a key role in driving forward the implementation process more generally.
The key elements of the Bill are as follows: first, a judiciary whose appointment processes are transparent, open to a wider number of applicants than ever before and whose independence is protected. In the new context of devolution, judicial office holders will be appointed through a judicial appointments commission. Appointments must continue to be made on the basis of merit. The Bill also includes provision for transparent removal tribunals, for an amended oath and for the appointment of presiding judges for each judicial tier to facilitate court business.
There will be provision for a new Public Prosecution Service for Northern Ireland, building on the existing Department of the Director of Public Prosecutions, headed, in my experience, so admirably for a number
of years by Sir Alasdair Fraser. That measure will be central to ensuring public confidence and will continue to allow the prosecution service in Northern Ireland to develop in line with best practice.There will be a new chief inspector of criminal justice in Northern Ireland and a Northern Ireland law commission. Those bodies will help to improve the effectiveness and efficiency of the criminal justice system and facilitate its evolution into a more clearly defined and systematic process of justice.
There will be an increased number of measures at the courts' disposal to deal with young offenders. Provision will be made for persons under the age of 18 to be dealt with as children in the criminal justice system, in line with international practice and the internationally accepted definition of a child.
The Bill will allow for the implementation of a new system of youth conferencing, either as a diversionary measure or as a court-based disposal. Youth conferencing is a model with a notable international pedigree and it is already being used in a pilot form in England and Wales. The youth conferencing system created by this Bill seeks to repair the damage to social values and relationships caused by youth crime.
The Bill also delivers enhanced rights for victims and makes provision for the Secretary of State to devise and maintain a community safety strategy, including new local structures to take this forward in future.
That is a brief summary of the main areas of the Bill and I hope that it gives your Lordships a flavour of the comprehensive and far-reaching provisions involved. The process of formulating those provisions was greatly aided by the consultation processes on the review itself and on the draft Bill.
The Bill benefited significantly from the attention which it received in the House of Commons and during the consultation period launched before its introduction. I accept that some felt that more time should have been allowed to enable fuller scrutiny in the other place. But I pay tribute to the Opposition team in the Commons, the representatives of the Liberal Democrats and the Northern Ireland parties who played a serious and constructive role during the process at the other end of this Palace.
I hope that the Bill reflects the quality of those contributions and we made a number of changes as a direct result of consultation and scrutiny in the House of Commons.We amended the Bill to revert to the title of resident magistrate. We received various representations and were persuaded that the title of resident magistrate should be retained as it is already widely understood and clearly recognised as part of the judiciary in Northern Ireland.
A declaration has been added relating to the Director of Public Prosecutions' independence and we sought to clarify the consultation arrangements between the director and the Attorney-General and between the director and the Advocate-General. We removed the retirement age for the Attorney-General for Northern Ireland, in order to widen the range of possible applicants. We have amended the Bill in
relation to committees of the Judicial Appointments Commission. We agreed that accountability and transparency would be improved if the involvement of members of the Judicial Appointments Commission in all judicial appointments was required.We have acknowledged on the face of the Bill the importance of international human rights instruments relating to the prosecution service's code of ethics. I looked of course at the report of the Delegated Powers Committee on the Bill's order-making powers. We intend to consider those constructive suggestions with care.
We received a number of views during consultation about symbols and the Bill has therefore been amended. We recognise that whatever decision is taken will provoke controversy. I hope your Lordships will feel that we managed to achieve a fair and balanced approach. It is a difficult area; I do not pretend otherwise.
The review itself looks forward to a future when issues such as court symbols might be addressed on an agreed basis to the satisfaction of all parts of the community. The Government share that hope. There is nothing in this Bill which would prevent such agreement on the display of alternative symbols in due time if that is wished.
I turn to the implementation plan. Details of the steps taken to implement the recommendations of the review, including those that do not require statutory authority, are set out in the Criminal Justice Review Implementation Plan published last November. I hope that your Lordships found it helpful, particularly as the draft Bill was published a substantial time ago. An updated version of the plan will be published later this year, subject, of course, to the enactment of the legislation. The new plan provides further detail of the implementation arrangements, including more finely tuned time-scales.
We have published a document setting out the purpose and aims for the criminal justice system, as recommended by the review. A judicial appointments commissioner for Northern Ireland has already been appointed. A community safety strategy has been published for consultation. Work has begun within the Department of the Director of Public Prosecutions (Northern Ireland) to prepare for the new prosecution service in line with the review.
We also hope to focus on longer-range targets. The review made recommendations regarding the devolution of justice functions. The Bill will help to pave the way to transfer those functions to the devolved institutions in Northern Ireland.
Your Lordships know that policing and criminal justice are presently reserved to Westminster. The Government have signalled their willingness, in principle, to devolve responsibility for those functions to the Northern Ireland Assembly. We remain committed to that aim. Our target is to devolve policing and justice after the Assembly elections scheduled for May 2003. The House will appreciate that a final decision to devolve those functions can
only be taken at the appropriate time and, in particular, taking account of security and all relevant considerations.I think that it is fair to say that other questions, particularly the security situation, have meant that criminal justice in Northern Ireland perhaps did not receive the full attention that it deserved over these past 30 years. We hope that the Bill and the review will put that balance right.
I invite your Lordships to put forward amendments or improvements. I guarantee to give careful attention to any such amendment or improvement which is consistent with the spirit and the underlying themes of the Bill. I gave that undertaking on the Electoral Fraud (Northern Ireland) Bill. In consequence, I believe that it is fair to say that the Bill left this House in a much more acceptable and appropriate shape than when it came to us from the Commons. In that spirit, I offer the facility of briefings by officials from the Northern Ireland Office who will be more than happy to attend any appropriate meeting with your Lordships. I am also happy to attend those meetings. However, your Lordships may prefer to speak directly to officials. But I make those offers and I hope that they will be used.
When your Lordships' views are put forward, I genuinely look forward with interest to hearing and responding to them. I know that we shall have informed scrutiny. In this House there is a wealth of experience, not only in the workings of the justice system, but, in particular—and what I find most helpful—in the day-to-day experience of life and living in Northern Ireland.
There is one final matter. The noble Lord, Lord Glentoran, with his usual courtesy and scruple, has told me that because of the rearranged timing of the Bill, a different commitment means that he may not be able to stay to the end of the debate. I know that your Lordships will recognise that situation. The noble Lord is always a conscientious attendee. I thought that I would mention that at this stage. In the meantime, before the debate which I know will be interesting, I commend the Bill to the House.
Moved, That the Bill be now read a second time.—(Lord Williams of Mostyn.)
11.16 a.m.
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