Naomi Long
East Belfast · Alliance Party · Northern Ireland
“Underneath the Facebook posts to say that he had passed away, people speculated with such comments as, "Probably high on drugs", "Probably drunk", and, "Typical boy racer". There was all of that speculation. It was hurtful to the family, and it was inaccurate.”
“There are circumstances that we need to consider and be careful of. I was told, for example, that, when the issue of good character references at trial was being looked at in New South Wales — Committee members may wish to look at this for themselves — one of the groups that opposed their removal was representative of domestic abuse victi…”
“It sets out the strategic direction adopted by the Department and key partners to tackle those appalling crimes and protect vulnerable victims of exploitation.”
“The provision seeks to provide protection, via legal advice and representation for complainants, against the use of non-relevant personal material and evidence of previous sexual history being used in the court process.”
“<BR /> <BR />On the wider issue of ensuring that a withdrawal of services never happens again, I think that most of us agree that, although everyone has the right to take industrial action, no one has the right to derail and hold to ransom the entire justice system in that way.”
“Those measures will go some way towards helping to support complainants and enable them to have input into the decision-making process about what records containing their personal and sensitive information are required to be shared with the defence.”
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“Whether the Member decides to table an amendment is purely a matter for him. I would have to consider the nature of that amendment. I am not opposed to Harper's law, as, I think, I discussed with you. The issue is this: it has not been used anywhere that it has been introduced, so, in effect, it puts on paper and in statute something that is not being operationalised in practice. My concern is that, if you make it mandatory, there might be situations in which people are charged with a lesser offence in order to avoid the mandatory sentence, which would potentially have a deleterious effect on prosecution. <BR /> <BR />I am happy to continue to engage with the Member about it. I cannot say for sure that the law has not been used; I simply say that, to date, we have not seen any case in which it has been deployed in England and Wales.”
“However, the Bill will create a new offence of assaulting a person providing services to the public, performing a public duty or providing a public service, which will serve as a deterrent to attacks on public-facing workers, including police officers.”
“In Northern Ireland, a life sentence is already mandatory in any murder case and, in circumstances considered appropriate by the court, can be imposed where a defendant, such as those in the Harper case, is found guilty of manslaughter. Current sentencing guidance also specifically addresses the aggravating effect of attacks on public servants where the victim is engaged in providing a service to the public, and sentences are expected to reflect that. <BR /> <BR />My planned review of further sentencing issues will consider the need to make provision equivalent to Harper's law in Northern Ireland. I intend to commence that review before the end of the year. As we discussed when we met on the issue in the past number of months, I do not plan to include provisions equivalent to Harper's law in the forthcoming sentencing Bill.”
“It is for each of the organisations involved to look at what it needs to implement as a result. We have regular check-ups to make sure that the learnings from one domestic homicide review will be carried forward and implemented. Some of those learnings will have already been addressed in the interim period through changes to, for example, procedures and practices in those organisations. Ultimately, it falls to each body, be it the trust, the PSNI or another body, to ensure that it implements the recommendations. As I said, the reviews are regularly discussed and updated. It is important that the overarching learning that comes from domestic homicide reviews is taken on board for future protection.”
“I have looked at that because, unusually, a family waived their right to anonymity in a recent case, so the question arose of whether the perpetrator in the DHR would be offered anonymity when the victim was not exercising that right. However, having reviewed that, I believe that it adds nothing to the process. This is not about holding someone accountable or guilty; it is about finding out whether the services that were involved in the person's life before the homicide could and should have done better and what lessons can be learned as a result. Simply using the DHR to name a perpetrator will do nothing for public confidence. What will do something for public confidence is people seeing the lessons learned from DHRs implemented in practice and better outcomes for victims.”
“Domestic homicide reviews in Northern Ireland are established in statute and underpinned by the 'Multi-Agency Guidance for the Conduct of Domestic Homicide Reviews', which all participants are required to follow. The guidance makes it clear that reports must be anonymised as far as possible. Even where a family waives its right to anonymity and where the courts have found a perpetrator guilty, there is a legal obligation to balance the data protection rights of any living individual included in the DHR. The situation is similar in other jurisdictions. For example, in England and Wales, the vast majority of DHRs are pseudonymised, and, on occasions when families of victims have waived their right to anonymity, a pseudonym has still been used for the perpetrator.”
“I understand the distress that families can feel when a pseudonym is used in a domestic homicide review (DHR) rather than the real name of the perpetrator who killed their loved one, particularly when the family of the victim have waived their right to anonymity. However, the fundamental purpose of a DHR is to learn from domestic abuse deaths so that agencies can strengthen their responses to domestic abuse victims and their children, thereby reducing the risk of future incidents. <BR /> <BR />The DHR is not undertaken as a means to hold a perpetrator accountable; that is a matter for the courts, and there is no additional value to be derived in identifying learning in a DHR report by naming perpetrators.”
“Anybody who listened to exactly what I said about innocent victims will be well aware that I said that there is no equivalence between those who broke the law and those who were injured at the hands of those who broke the law; that having been a victim does not make you unaccountable for what you did; that you should still be held to account; and that it was not an excuse. Instead of twisting my words, the Member would do well to read the entire content of what I said in that interview. <BR /> <BR />When it comes to repairing trust, I have already engaged with victims' organisations and individual victims. Much of the mischief-making that went on about that interview was wholly and utterly upsetting to those who were led to believe that I said things that I did not say.”
“However, I do not want further uncertainty around this, particularly when it comes to funding, nor do I want the police, OPONI, the Coroners Service and the courts castigated when they are unable to meet the expectations of people who are desperate for information and find that they do not have the funding to deliver.”
“There is a significant issue with the remaining inquests, which do not fall within the scope of the legacy arrangements, and a significant burden that will be placed on OPONI and the PSNI to service the needs of the Legacy Commission. Whilst the Legacy Commission's costs will be met in full, the organisations that will need to adapt their practices in order to service that body will have no contribution made to their costs. That will come out of the same pot as all the other work that they do. That is not fair. <BR /> <BR />Victims and survivors have already had to wait too long for answers. A lawful, workable legacy framework is essential. I welcome the efforts that have been made to improve on what the previous Government tried to introduce on information and accountability.”
“The absence of additional funding means that delivery would have to be prioritised against other statutory commitments and would inevitably affect the pace and scale of operational work, adding more distress and delay to victims wishing to avail themselves of the new arrangements and slowing down justice for the wider cohort.”
“I absolutely agree with the Member. Dealing with the legacy of the Troubles has never been properly funded by the UK Government. No dedicated funding has been provided to the Department of Justice for the implementation of the Northern Ireland Troubles Bill. No additional UK Government funding has been signalled to us either. It appears that the expectation of the Government is that any responsibilities falling to the DOJ, the PSNI, the Coroners Service or other devolved bodies should simply be met from existing budgets, which, as Members know, are under significant pressure.”
“To under-resource it from the outset will simply ensure that it will not work; it will not be a success. As the Member has rightly said, there are other issues around independence and the engagement of the Irish Government, but those are issues that we will raise at a party political level, . At a departmental level, I am focused on the issues that fall within my remit.”
“There are issues on which I would express some concern and some agreement with the Member at a party political level. However, at a departmental level, my main concerns are interference with judicial independence, which, I think, the use of the Advocate General as a backstop will do. There are also issues with the direction on how a coroner should run an inquest, which, again, for me, is crossing into issues of judicial independence. I have concerns about a number of elements of this, but, fundamentally, there is no point in raising expectations when it comes to victims: they have been raised and dashed repeatedly over many years. The only way that this will work, if it is to work at all, is if it is properly funded and resourced so that people can get the answers to the questions that they seek within a reasonable time frame.”
“Given the potential implications for my Department and wider justice bodies and the fact that all Executive Departments are already under significant financial pressure, it is not reasonable to expect that additional costs can be met from existing Northern Ireland departmental allocations. I will, however, continue to engage constructively with the UK Government with a view to ensuring that the provisions in the Bill are workable in practice, properly funded and resourced and that victims’ needs and rights remain central in any future arrangements.”
“I did so on the basis that there has been a lack of meaningful engagement by the UK Government on the details. I do not have the departmental resources to implement a UK Government policy over which I have no control without abandoning our agreed legislative programme. I also cannot move an LCM without the consent of the Executive, which has not been achieved to date. However, the necessary engagement is under way. <BR /> <BR />Furthermore and crucially, the UK Government have never adequately resourced legacy, and that has not changed with the introduction of the Bill. Indeed, there appears to be no additional UK Government funding proposed for the Northern Ireland Executive arising from the outworkings of the Bill, despite significant resource implications flowing from it.”
“With your permission, Mr Speaker, I propose to answer questions 2 and 7 together. <BR /> <BR />Whilst I welcome progress on addressing legacy issues and firmly believe that victims are entitled to expect transparency, truth and justice via a process that does not introduce further delay, concerns remain about the feasibility of the current proposals with regard to the degree of legislative scrutiny afforded to the proposals and, crucially, how they will be funded. On 11 November, I laid a legislative consent memorandum (LCM) to advise the Assembly that I am not laying a legislative consent motion, at least at this time, as I cannot currently recommend that the Assembly provide consent for the transferred matters in the Northern Ireland Troubles Bill.”
“All justice organisations need to be properly funded if we are to do child protection properly, to have proper public protection sentences and interventions and to have a Police Service that is capable of dealing with the increasing complexity of online harms and of protecting us locally and those internationally whom predators here seek to damage.”
“I have to say that that recovery is far more expensive to deal with than it would have been had we had measured amounts of recruitment during the period of suspension, but I understand the decisions that were taken at the time. <BR /> <BR />My Department has had to take tough decisions in order to live within its budget. We are now at the point at which less than 0·5% of the DOJ budget is truly discretionary. We have not deprioritised the police within Justice. Sixty-five per cent of my budget goes to policing, while 35% of it goes to running the entirety of the criminal justice system outside policing, which covers probation, prisons, courts and everything else. <BR /> <BR />It is therefore not just a policing issue.”
“The collapse of the Executive led to that decline. When we had no Executive, the numbers fell. I came back into office and secured money for an additional 100 officers to take the numbers back up to 7,100. The Executive then collapsed again, which is why that figure was not sustained, as the Member mentioned. We got back up to 7,100, but we collapsed yet again. The Chief Constable then did not have the political cover and an assurance on funding to go ahead and continue recruitment, as he would otherwise have done. That led to the really dire situation that we faced upon coming back into office, and it now needs to be recovered.”
“The Finance Minister's recommendation that the remainder of the recovery plan be fully funded in the pending three-year Budget is a significant and welcome step, but it will be meaningful only if it is additional to the baselined amount for the PSNI in the Budget. If it is simply ring-fenced and taken from the Department of Justice's budget, it will be utterly meaningless for delivery. It is important that that be noted. <BR /> <BR />Safer communities is also a cross-cutting priority in the Programme for Government, so, again, it is not only a priority for the Department of Justice. We need to work with other Departments to ensure that we can deliver on it. The scale of the challenge posed by my budget is huge. Police officer numbers during the period covered by the ombudsman's report were higher than the levels today.”
“Investment on the scale of the entire business plan over five years, which will be delivered in an annual tranche, cannot be done by Justice alone. It has to be prioritised at Executive level. I am optimistic that that will happen. We have first call on £7 million in the next monitoring round this year to support PSNI recruitment, a commitment that was reaffirmed in October. That £7 million will, I hope, materialise after the Budget statement tomorrow. Short-term funding injections can help restart recruitment, but they do not resolve the underlying workforce and business-as-usual pressures that the PSNI and my Department face. What we need is sustained, multi-year funding so that the service can plan, recruit, train and retain with confidence.”
“<BR /> <BR />When it comes to police numbers, which is the crux of the debate, I will focus on some of the issues around capacity and funding. Rebuilding policing capacity is my highest priority. That is why the PSNI's workforce recovery business case, developed by the service and submitted to my Department, was approved by me and the Minister of Finance. It sets out a clear plan to stabilise workforce numbers, recommence sustained recruitment and rebuild capability across the organisation. That process has already started, and the overspend that the PSNI projects accounts for the money that has been spent to deliver the first year of the plan. <BR /> <BR />However, getting your business case approved does not mean that you have the cash to deliver it.”
“Alongside that, we are leading a strategic approach in the Department and cross-departmentally to all forms of child exploitation. Safeguarding cannot sit in silos; it has to extend into homes, schools, communities and online spaces where young people spend their lives. <BR /> <BR />Members have mentioned that today marks the International Day for the Elimination of Violence against Women, so it is a timely opportunity for us to discuss those issues. The domestic and sexual abuse strategy, led by the Department of Justice and the Department of Health, and the Executive Office-led ending violence against women and girls strategy provide comprehensive coordinated frameworks for prevention, partnership and victim-centred support.”
“I also propose to extend the new offence to criminalise the creation of child sexual abuse image generators; introduce a new offence of pornography depicting strangulation and suffocation; and update the current offence of possession of a paedophile manual, in order to bring AI-generated imagery within scope. Further new reserved matters in that space include the new offence of online facilitation of child sexual exploitation and abuse and a new power to scan devices for child sexual abuse images at the UK border. <BR /> <BR />Locally, I want to legislate to criminalise the creation and sharing of sexually explicit deepfake images, which I will do by tabling an amendment to the Justice Bill at Consideration Stage.”
“We also strengthened the law on abuse of positions of trust to enhance protection for young people from inappropriate grooming in those areas. Those reforms have delivered tangible protections. <BR /> <BR />We keep the situation under review. That is why I sought the Assembly's consent for extending a number of provisions of the Crime and Policing Bill to Northern Ireland and intend to seek consent for further provisions. Proposals include strengthening sex offender notification requirements, particularly around restrictions on the notification of a new name, and requiring child sex offenders to provide notification in advance that they are going to stay for 12 hours or more in a household where children are present.”
“The responsibility for the Act is with the UK Government — responsibility for telecommunications legislation is not devolved — but I worked to influence its development, strengthen accountability and ensure that Northern Ireland's interests were represented. I have also engaged directly with Ofcom, which is the designated regulator when it comes to implementation of the Act's provisions. <BR /> <BR />Members are aware of the significant legislative reforms that we introduced in the previous mandate, which included the new offences of upskirting, downblousing and cyber-flashing, and new grooming-related offences, unique to Northern Ireland and mainly perpetrated online, where an adult pretends to be a child for grooming purposes.”
“When it comes to online safety, I am committed to doing everything that I can to keep children and young people safe from harm. Social media and online platforms are central to young people's lives, but they present serious risks. The McCartney case highlighted that criminal justice responses alone are not enough. Safeguarding children online requires a coordinated cross-government approach, and that is the basis of the Executive's online safety strategy. My Department plays an active role in the oversight and delivery of that. The Online Safety Act in Westminster was a marked step forward. Ofcom's regulatory role, including guidance on age assurance, represents progress. Strong age verification should not be optional; it is essential in order to keep young people safe.”
“Taken together, they demonstrate that the challenges were much broader than recruitment, but I am in no denial about the issues that we face. <BR /> <BR />We also have to recognise that, for much of the period examined, we did not have a Justice Minister or an Assembly. We were not here to do the work that needed to be done and hold people to account on the issues. The PSNI has accepted the findings and said that lessons will be learnt. I am confident that the Chief Constable is working swiftly to do so and that the Policing Board will support him and hold him to account. We have to protect the most vulnerable not only in our communities but globally who may be exposed to the actions of online predators. I think of Cimarron Thomas and her father when I talk about that.”
“<BR /> <BR />It is important to highlight a number of details that are often missing from the public debate on the report. The ombudsman found that reduced capacity in the PSNI child protection team in 2016 was due to absences and other factors and was not a simple issue of wider police headcount. Secondly, the report found that the PSNI cybercrime centre used a prioritisation process in which terrorism and serious crime offences received priority and that that impacted the examination of devices submitted by the child internet protection team. There are lessons to be learnt about how we prioritise issues, but, as Members have rightly said, those are matters for the Chief Constable to reflect on as he responds.”
“I also acknowledge, however, the dedication and professionalism of the PSNI officers who pursued McCartney and pursue other predators, secure the evidence and ensure that those predators face justice for their despicable crimes. Those officers' work protects children, disrupts abusers and demonstrates the very best of policing, even under significant pressure. The ombudsman's report found failings that have to be addressed, but it did not find that police officers were failing. In fact, it concluded that no individual police officer engaged in any form of misconduct; rather, the failings arose from a significant deficit in capability and capacity in the PSNI cybercrime teams, as well as resourcing pressures that limited their ability to manage the risks that McCartney posed.”
“Thank you, Madam Principal Deputy Speaker. It is not every debate in the Chamber that I wish could last longer. The issues that have been raised in the debate actually require more detailed interventions and expression, because they are really important. I apologise that I will not be able to respond to each Member's contribution, but I thank them because, on the whole, they were really helpful. <BR /> <BR />I begin by acknowledging the serious findings of the Police Ombudsman on the PSNI's handling of the offending activities of Alexander McCartney between January 2016 and March 2019. His actions were abhorrent, and my thoughts and sympathies remain with the victims and their families, who have endured unimaginable trauma.”
“Imports and exports are, again, a reserved matter, so that is not something that we can control. However, we monitor imports, including where they are delivered to, in order to avoid things being brought either across the border or into Northern Ireland ports that do not meet our requirements. When it comes to trading standards, which govern the strength of the fireworks, the responsibility does not fall to us.”
“In fairness, if you sell fireworks to people who are under 18, that is one reason why you would be considered unfit to hold a fireworks sale licence, and that licence would be removed. There are cases where people were sold fireworks without having a certificate for a fireworks display, and those salespeople's licences were removed.”
“Without being rude, the Member does look considerably over 18.”
“First, I will clarify that it is already possible to identify whether animal sanctuaries would be an appropriate location. There is also the opportunity to specify times, dates and all the other things. If people were to read the fireworks regulations, it would help to inform the debate.”
“The Member may well chunter and say, "No, of course, it wouldn't", but he does not sit on a daily basis and face the challenges that I face in managing my budget and my resources in a Department that has been drained of resources over 10 years. I have to prioritise carefully what I do in order that I have the most impact on public safety, and a review of what is already robust legislation will not make any difference to the people who breach it. What will matter is enforcement of it to ensure that it is taken seriously by everyone. That will bring about the safe and considerate use that, we all say, we want. I encourage people to support the amendment, because it is the most effective way to deliver what constituents have asked for.”
“There is no point in changing it when the problem is those who do not measure their behaviour in line with the law. The problem that we have is illegal fireworks, and it is on those that we need to bear down. The licensing system is fit for purpose. It would be a diversion from enforcement of the licensing for us to spend money on this.”
“We do. We say where they can be used and when they can be used.”
“We do; in fact, I am suggesting improving enforcement. The third thing is:”
“Well, I cannot do that. I can write to colleagues in London, but it is a reserved matter, so I cannot do it. The second thing is:”
“The fact that we have seen a decrease in complaints evidences the fact that there has been some improvement. However, in recognition of the genuine public concern around the misuse of fireworks, I have instructed my officials to examine penalties and enforcement concerning the illegal use or sale of fireworks in the pending review of sentencing issues that we intend to launch before the end of the year. That will provide an opportunity to consider the associated penalties for breaching the existing regulations and may act as a further deterrent. <BR /> <BR />Mr Butler said at the beginning that he would not support the amendment because it falls short of what his constituents want, but I have in front of me the emails that were sent from the social media petition in this regard, and it says:”
“Should we take it from Prison Service and reduce our opportunities to deal with reoffending? Furthermore, even an outright ban is not guaranteed to stop the misuse of fireworks and could, in fact, have unintended consequences, including a possible increase in the illegal sale of dangerous fireworks with greater potential to cause injury. For example, in Ireland, the sale of most fireworks to the public is illegal. Nevertheless, their use in recent public disorder indicates that they are still available illegally. <BR /> <BR />The current regulations provide a robust and effective framework that seeks to ensure that fireworks are sold and bought through a licensing system for responsible use. It aids partners, including PSNI, to identify unlicensed and illegal fireworks and bear down on that problem.”
“A full-scale review of the legislative framework would require me to take resources away from other parts of Justice to do that work. Reviewing regulations that already do many of the things that Members have called for would not be an effective use of my resources, and I continue to prioritise the areas that will make the biggest impact on public safety and access to justice within the constraints of my budget. <BR /> <BR />To the Members who insist that I launch a review, particularly the party that moved the motion today, I say this: what other part of the justice system should I defund and deprioritise in order to deliver this? Would you have me take resources away from front-line policing, child protection, victim services? Where is the resource to come from? We do not have it in the Department of Justice.”
“I will not at this point. <BR /> <BR />They also support partner messaging on social media, such as the PSNI Halloween safety campaign — another element of education. <BR /> <BR />Therefore, I am not currently considering either a review of the legal framework or a ban on fireworks. Members will be well aware of the limited resources available to my Department and the challenges that I have faced in ensuring that sufficient resourcing is available for critical public safety issues, including adequate support for front-line services. The Member for North Antrim raised the issue of the challenges that the police face from cybercrime, yet we spend this afternoon discussing fireworks. I cannot do everything, so I am prioritising the things that are most important, as you would expect me to.”
“Policing and community safety partnerships (PCSPs), which are funded by my Department, and the Northern Ireland Policing Board play a key role in the Department's operational response to community safety concerns at a local level. Tackling antisocial behaviour is a key strategic priority for PCSPs, which engage with local communities, statutory agencies and the community and voluntary sector to develop planned, purposeful, structured interventions to address issues in each council area. They also support —”
“We want to encourage and make it easy for the public to follow the law and obtain a fireworks licence along with everything that goes with it. The price for a licence remains unchanged at £30 for small private displays, and work is under way to bring that application process online. <BR /> <BR />There is no short-term solution to tackling antisocial behaviour that engages the use of fireworks. It requires concerted and sustained effort, and it is vital that the public play an active role in reporting any concerns regarding the misuse or illegal selling of fireworks or other fireworks infractions to PSNI so that the appropriate actions can be taken.”
“<BR /> <BR />My Department regularly arranges health and safety inspections of firework retailers and wholesalers and frequently checks records of sales to ensure compliance with the regulations on selling fireworks, because it can be cross-referenced with the fireworks licence to check that they were purchased and used as intended. My Department has also refused and revoked licences to store and sell fireworks on the ground of fitness. <BR /> <BR />I am focused on the safe and responsible use of fireworks. Information on fireworks safety and the availability of low-noise fireworks is available all year round on nidirect. The web page also has the application form and a list of registered retailers, as well as the fireworks helpline.”
“Some Members seem to be under the illusion that better legislation would solve the problem, but, of course, legislation is not worth the paper that it is written on unless it is enforced. Enforcement is, perhaps, the key to this, because the legislation is quite robust. My officials work closely with relevant agencies to ensure that fireworks licences are issued only when it is deemed safe to do so and that any concerns or breaches of the legislation are reported to PSNI. Since 2016 — I believe that it was Patsy McGlone who asked — over 1,000 prosecutions for possession of unlicensed fireworks have taken place, averaging around 100 per year by PSNI. The PSNI will also deal with other, less serious incidents by way of other disposals out of court.”
“No. The Member did not offer me the courtesy when I asked. <BR /> <BR />I also note that other agencies, such as the PSNI, the Fire and Rescue Service, DAERA and local councils promoted similar Halloween firework safety messages via their social media platforms. <BR /> <BR />I encourage and will continue to encourage the public and councils to consider low-noise alternatives, such as drone displays, when celebrating seasonal events. I note, for example, that Causeway Coast and Glens Borough Council held a low-noise display followed by a traditional fireworks display to provide options for those who enjoy fireworks with less noise. <BR /> <BR />I will now turn to enforcement.”