David Campbell: Now is the time to correct imbalance in Northern Ireland's justice system and restore the confidence of the unionist community

It should not be forgotten that the serious rioting that accompanied the imposition of the Northern Ireland Protocol was also, in large measure, a reaction to the perception of two-tiered policing amongst most unionists. The ability of Sinn Fein to orchestrate a mass breach of covid restrictions at a time when the pandemic was at its height (the funeral of the bomber Bobby Storey) without any repercussion from the PSNI and the prosecution service smacked of the partial administration of justice in Northern Ireland. Compare this with the recent decision of the prosecution service to commence prosecutions of unionists who protested against the protocol!

The Loyalist Communities Council (LCC), at the time of the rioting, placed the lives and well-being of many activists in harm’s way to ensure there was a shield between the police and the rioters, and to ensure the protection of many homes and businesses. Instead of receiving the appreciation of the PSNI, the police withdrew its practice of regular liaison meetings with the LCC and senior officers.

Equally, during the period of rioting, secretary of state Brandon Lewis convened a consultative group to liaise with loyalism and to see how its concerns might be addressed in the future. That group’s activity ended the day the rioting ended, and as with contact with the PSNI there has been absolutely no attempt at outreach and bridge-building since.

There has never been a time when confidence in policing and justice has been so low in unionist areas. Community policing in loyalist areas still largely consists of drive-throughs by armoured Land Rovers and cars. Recruitment into the PSNI from loyalist communities is negligible. Drug dealing and other anti-social behaviour appears to be openly tolerated by the PSNI, even in the vicinity of primary schools. Where there should be zero tolerance, we see zero activity.

Similarly, why do republicans appear to be awarded funding without difficulty for judicial reviews and legacy cases yet unionist applications seem to be rejected? Where is the community balance in every aspect of the justice system, from religious employment balance through to decisions on prosecutions and judicial review funding?

I have argued repeatedly that for unionists and loyalists to regain confidence in the justice system, that system needs to bring them in from the cold and make them part of an “equality of delivery agenda”.

For example, under “Fresh Start” there was to be a programme of transformation particularly aimed at the remaining paramilitary groups. Six years later, the departmental board overseeing the programme has yet to meet with the LCC or even communicate with it.

Similarly, there is no loyalist voice on the Policing Board. Indeed, the most recent recruitment process for independent members of the board resulted in members being appointed by the then justice minister on a basis that would appear to be ultra vires. The legislation governing the appointments requires the minister to consult with FM/DFM before any appointments are made, but these appointments were made without any such consultation as FM/DFM were not in office.

The Department of Justice has failed to provide me with any assurance that these appointments were lawfully made, and has also declined to provide me with the legal advice given to the minister as to whether the appointments could be made. Perhaps they might provide that advice to this newspaper, but in any event, given that the Policing Board may now have to oversee the recruitment of a new chief constable, it may be wise for the secretary of state to intervene and correct any question over the legal competence of this current board.

Twenty-five years ago one of the priorities of the Belfast Agreement was to secure the support of nationalists for the new proposed policing and justice arrangements. That was, and remains, critical for the emergence of a stable, law-respecting society but it was never envisaged that nationalist support would come at the expense of impartial policing and justice.

Sadly, in my view, the imbalance that has resulted from years of anti-unionist leadership of the Department of Justice has now ensured the scepticism if not outright hostility of much of the unionist community.

That imbalance must stop and be corrected if we are to achieve equality of justice for all in Northern Ireland.

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David Campbell is a former chief of staff to David Trimble and UUP chairman. He is chairman of the Loyalist Communities Council (LCC).