Review of justice was long overdue. PLATFORM
From THE IRISH NEWS April 1st, 2000
By Dr Colin Harvey
AT long last the Criminal Justice Review report has been published. The
four civil servants and the five independent assessors have delivered a
substantial document running to over 400 pages, and with 18 separate research
reports. The review group began its work in June 1998 and was obliged to
complete it by autumn 1999. This deadline was not met but I suspect we are
getting used to that. Until the full story comes to light we can only speculate.
However, it is thought that senior members of the legal establishment are
uncomfortable with some of the recommendations. The issue of judicial appointments,
for example, touched raw nerves with those unwilling to let light into the
darker corners of the legal world. The report itself contains over 200 recommendations
and should be read in its entirety. As with the Patten report human rights
principles assume a central place. Everyone todayis at least 'talking the
talk'. Whether they do much more than that will be seen. The review recommends
that human rights issues should "become a permanent and integral part of training programmes" for all involved in the criminal justice system. This
includes training for lawyers in human rights principles before they begin
to practise. Statements of ethics for criminal justice agencies are to be
published. On prosecution the report contains numerous important recommendations
including the creation of a single independent prosecuting authority (the
public prosecution service for Northern Ireland). This would have sole responsibility
for determining whether to prosecute and for undertaking prosecutions. Political
responsibility should be devolved to local institutions following devolution.
It suggests that consideration be given to a locally sponsored post of attorney
general. This person would be a senior lawyer and would be appointed by
the first minister and deputy first minister. For the attorney general,
and new prosecution service, it recommends accountability to the assembly.
The proposals for judicial reform have attracted attention. The report recommends
legislative action to devolve responsibility for judicial appointments at
some future date. Political responsibility and accountability would rest
with the first minister and deputy first minister when this happens. The
legislation on devolved responsibility should include provision for a judicial
appointments commission. Note that the appointment of the lord chief justice
and the lords justices of appeal would remain with the prime minister. This
will, however, follow recommendations from the first minister and deputy
first minister. The commission would include the lord chief justice, strong
judicial representation (five), one representative from the Bar Council
and one from the Law Society as well as lay members. Other recommendations
include: the removal of symbols from the interior of courtrooms; the ending
of the declaration of 'God save the queen'; an independent review of the
law and practice on inquests; the integration of restorative justice into
the justice system; and the establishment of a law commission for Northern
Ireland. These are only some of the recommendations which should have a
substantial impact on legal education and legal practice in Northern Ireland.
However the report is not without problems. The functions and powers of
the new bodies could have been much more extensive than proposed. Linking
the proposals to devolution creates a problem of possible severe delay in
implementation. Given that this process started in June 1998 further delay
is to be avoided. The report is overly complacent in parts and could have
had more 'critical bite'. This may have something to do with the composition
of the review group. There is little reason for complacency. The fear now
is that the progressive recommendations will not be fully and effectively
implemented. The move to a human rights-based and modern criminal justice
system should not offend any sensible and reasonable person. Everyone surely
wants a modernised and value-based system. However, the devil, as they say,
will be in the detail and the decisiveness of government action. In this
the British government must demonstrate through speedy implementation that
it firmly believes that the Good Friday agreement is alive and well. Dr
Colin Harvey, School of Law, Queen's University Belfast. |
