Orangemen and Unionists should be paying close attention
to the procedure of the Criminal Justice Bill through Parliament
over the coming weeks. Whilst much of the Bill is a necessary
review and modernisation of the legal system in Northern Ireland,
it also contains many provisions which are deeply objectionable
to any Unionist and will have serious consequences for the
development of the legal system in the Province.
There has rightly been much anger at the attempt to remove
the Royal Coat of Arms from Court buildings. The rationale
for this decision is that the presence of the Coat of Arms
is offensive to nationalists.
If so, it appears to have escaped the numerous nationalists
who have forged successful careers in the law. Indeed, it
is no exaggeration to say that a majority of lawyers are now
probably of the Roman Catholic faith.
Furthermore, the presence of the Royal Coat of Arms has never
been a deterent in some courts south of the border, Monaghan
Courthouse has a particularly fine example of the Royal Coat
of Arms.
Of course, the presence of the Coat of Arms is more than
just a symbolism. It is intended to show that justice emanates
from the Sovereign and there are compelling constitutional
reasons to keep it.
A further attack on the Queen's role as the source of justice
is the attempt to remove the Oath which judges are required
to take on appointment. It is also a matter of great concern
that appointment of judges could be devolved to a committee
appointed by the First Minister and Deputy First Minister.
We know that Dublin has tried for some years to interfere
in the appointment of judges in Northern Ireland, but this
development would undoubtedly make the potential for influence
of judicial appointments much greater. It does not require
much imagination to consider the motives of Sinn Fein's Gerry
Adams as a possible First or Deputy First Minister in appointing
judges.
We need look no further than the example of Robert Mugabe's
Zimbabwe to see how an independent judicial system has been
crushed by a terrorist dictator, and to learn the dangers
that there are in permitting politicians to interfere in the
appointment of judges.
It is essential that all Unionist representatives play a
part in resisting the Sinn Fein/I.R.A. agenda to corrupt the
legal system. Their understanding of the term justice can
be seen every night in the casualty wards of the Royal Victoria
Hospital in Belfast.
There may be a place for a system of justice which permits
offenders to give something back, but the Government should
not use this concept to give a sort of legitimacy to the paramilitary
punishment squads, republican or loyalist.
The Criminal Justice Bill is part of the ongoing attempt
by the Labour administration to transform the Constitution
of the United Kingdom. When Northern Ireland's Bill of Rights
becomes law, judges will be permitted to make and change political
policy more than ever before.
The tendency for judges to involve themselves in areas of
public policy is likely to increase.
As an Institution, we have seen how the judges have become
directly involved in determining the role of the police in
parading disputes. There were very good historical and constitutional
reasons why our forefathers were hostile to the idea of allowing
judges to interfere in areas which were properly the concern
of Parliament.
All Orangemen should encourage Unionists at Westminster and
in the Assembly to resist any further weakening of our legal
and constitutional system.
As a start, we should insist that the legal system of Northern
Ireland remains clearly and recognisably part of the British
legal system. We are mindful of the aim of Brian Cowen, the
Foreign Minister of the Irish Republic, to ensure that there
is no vestige of Britishness left in Northern Ireland.
We expect our elected representatives to successfully resist
this latest attempt to do so.
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