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Following the questions raised about the Northern Ireland Human Rights Commission, I can tell the House that I have just received some ex cathedra information in order to, as it were, revise my memory. The commission supported the principle of retaining access to some form of non-jury trial. It did,...

Member
Lord Hain (Labour)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c906
House
House of Commons

I think that the whole House welcomes the improvements in the security situation in Northern Ireland, which have made it possible for the Government to present the Bill today. The most recent summary was in the Independent Monitoring Commission’s 12th report in October this year. It stated that the commission...

Member
David Lidington (Conservative)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c905-6
House
House of Commons

The Bill departs from the emergency powers legislation and the powers now embodied in part VII of the Terrorism Act 2000. I welcome the fact that such a move is now possible. I accept, too, the Government’s argument that although we all want a presumption in favour of trial by...

Member
David Lidington (Conservative)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c906-7
House
House of Commons

I am glad that my hon. Friend is pleased that we are doing something that he advocated a long time ago. The commission is broadly pleased with what we are doing because it asked us to do those things. He should be charitable about that and support us.

Member
Lord Hain (Labour)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c905
House
House of Commons

The Secretary of State said that the Human Rights Commission has welcomed the extra powers. Does he recognise that many of us advocated those extra powers from day one? Indeed, that was reflected in the powers given to the Irish Human Rights Commission, which was also set up because of...

Member
Mark Durkan (Social Democratic & Labour Party)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c905
House
House of Commons

I have no recollection of any formal representations on the matter. I am not saying that that they were or were not made; it is simply that I have no recollection of them. The commission’s main concerns were about its own role, and about provision being made for it to...

Member
Lord Hain (Labour)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c905
House
House of Commons

I thank the Secretary of State for giving way, but had he answered my question I would not have had to intervene again. Will he give a direct response? What was the response of the Northern Ireland Human Rights Commission to the extension of non-jury trials, as set out in...

Member
Lady Hermon (Ulster Unionist Party)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c905
House
House of Commons

I am aware of the position of the hon. Gentleman’s party on that, because the right hon. Member for North Antrim (Rev. Ian Paisley) and his colleagues have made that point to me repeatedly. On the other hand, I have talked to Unionist members of the commission, or those who...

Member
Lord Hain (Labour)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c904
House
House of Commons

As I said, it is my responsibility to introduce the Bill, but the commission has welcomed the additional powers that it provides. It asked for them and I am providing them, so of course it is pleased. Giving the commission the power to rely on the European convention on human...

Member
Lord Hain (Labour)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c904-5
House
House of Commons

As the Secretary of State has praised in the warmest of terms the Northern Ireland Human Rights Commission and said that it plays a major role, what major role did it play in responding to the extension of non-jury trials? What was its response to the Bill?

Member
Lady Hermon (Ulster Unionist Party)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c904
House
House of Commons

Is there not a problem with the Human Rights Commission in so far as there is still a concern within the Unionist community that its membership is not broadly reflective of the wider community? If the Secretary of State is going to give it additional powers, does he not need...

Member
Jeffrey M Donaldson (Democratic Unionist Party)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c904
House
House of Commons

Yes, it would be a wholly different matter, as I said. I considered that carefully and discussed it with those who would be involved in it, including the Chief Constable and his senior officers, and I am sure that we are taking the right approach in the circumstances in Northern...

Member
Lord Hain (Labour)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c903-4
House
House of Commons

Not for ever. The Secretary of State implied that the trial judge could reject the certificate if it was unreasonable, which would be a sensible compromise, but that is not what the Bill does. Clause 2 simply says that the DPP will lodge the certificate with the court. There is...

Member
David Howarth (Liberal Democrat)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c903
House
House of Commons

Will we get rid of you after this?

Member
Lord Hain (Labour)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c903
House
House of Commons

Will the Secretary of State give way?

Member
David Howarth (Liberal Democrat)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c903
House
House of Commons

We have had pregnancies and three-point turns; I do not know what we will have next. I have a lot of respect for my hon. Friend on this and other issues, but that is not what I was saying. My point was that if the DPP judges that there is...

Member
Lord Hain (Labour)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c903
House
House of Commons

The Secretary of State’s point adds to our concerns rather than takes away from them. He suggested that the DPP would use the powers not just because of a risk to the administration of justice, but because of a risk to national security. Has the Secretary of State let the...

Member
Mark Durkan (Social Democratic & Labour Party)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c903
House
House of Commons

There is balance. Otherwise, as I explained, there would be a risk to national security with the possibility of intelligence getting into the wrong hands. I repeat: the Bill is designed to ensure that juryless trials are the exception and hardly ever occur. We have looked at the process extremely...

Member
Lord Hain (Labour)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c902-3
House
House of Commons

There is no balance.

Member
Mark Durkan (Social Democratic & Labour Party)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c902
House
House of Commons

I do not quite follow my hon. Friend’s point on the devolution arguments, so I would be grateful if he clarified it. I was making the point that when we get devolution of policing and justice and when there is a policing and justice Minister—whether it be from the SDLP,...

Member
Lord Hain (Labour)
Type
Proceeding contributions
Date
13 December 2006
Reference
454 c919-20
House
House of Commons