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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“The past few years have seen an exponential rise in the proliferation of non-consensual sexually explicit deepfake images, which research shows are overwhelmingly targeted at women and girls and are yet another form of sexual abuse and exploitation. Those images perpetuate, promote and normalise misogyny and the sexualisation of women. They dehumanise and objectify them. The harm that they cause is incalculable. My aim is to address that growing threat and the harm that it causes. That is why, earlier this year, I announced in the Assembly my intention to table an amendment to the Justice Bill at Consideration Stage to provide for Northern Ireland-specific deepfake offences in order to ensure that all aspects of offending in that area are captured. In July, I launched a public consultation on legislative proposals on that.”
“Of those, we are dealing with a tiny number who do not pass their pre-release testing regime for successful rehabilitation. That does not diminish, however, the impact that this situation has on individual families or the pain that they express. <BR /> <BR />While prisons do not get everything right — I will be the first to say that — our prison staff are committed professionals who are trying their best every day to support and challenge prisoners to change and to make Northern Ireland safer.”
“I do not accept the Member's characterisation of the situation, but I accept that, by going unlawfully at large, James Meehan has caused further distress and anguish to the McFadden family. I have apologised publicly to the McFadden family for how it has been handled. I have offered a meeting with the McFadden family. I am more than happy to meet them and listen directly, as I am with all victims. <BR /> <BR />A review was undertaken in Magilligan immediately following James Meehan's absconding. Additional safeguards have been implemented as a result. The lessons learned from that short-term review have also been shared with our other establishments. <BR /> <BR />Pre-release testing is an important part of rehabilitation and resettlement into the community. It is worth remembering that around 4,000 prisoners leave our system each year.”
“The reality is that, by the very nature of testing, some people will fail the test by not progressing through any stage, even the early stages, or by being returned to prison, while others will progress successfully into the community. It is also the case that, if we do not test, the Parole Commissioners may not have the evidence that they need to make a properly informed decision about the final release of an individual on licence, and we could be challenged through a legal review.”
“As I said, pre-release testing is a vital part of rehabilitation work. It tests an individual in a structured, measured and risk-assessed manner prior to consideration by the Parole Commissioners for Northern Ireland. It provides additional evidence for the Parole Commissioners to enable them to apply their statutory tests, and it helps them to decide whether to direct the release of a prisoner on licence. Prisoners are initially tested under the supervision of prison staff, progressing to short periods of unaccompanied release before potentially progressing to living and working in the community. At every stage of the process, the level of risk that they present is kept under constant review.”
“Well, I did not ask others to do more. I instructed one of my officials — a senior official, the director general of the Prison Service — to undertake a review in order to look at how we can better balance resources. Pre-release testing is critical in ensuring that, when people are released into the community, they are released into the community safely. Most prisoners are released during the part of the testing that leads up to consideration by the Parole Commissioners in order to facilitate their proper assessment of the risks attendant on that person. I have set out what I, as Minister, intend to do. As I said, I will inform the House once that review has been completed.”
“That includes what can be done to strengthen the risk management of those individuals and the sanctions that they will face if they go unlawfully at large. That work is in progress, and I can provide further information once it has been completed.”
“Pre-release testing is a vital part of public protection and the prisoner rehabilitation work that is undertaken in our prisons. Most prisoners go through the various stages of pre-release testing successfully and reintegrate into the community. However, a small number continually fail or abuse the process by going unlawfully at large. I have met victims of crime and political representatives, and I share their concerns about the small number of prisoners who do not take the opportunities afforded to them and the impact that their behaviour has on victims and their families. <BR /> <BR />I have asked the Northern Ireland Prison Service to review what further steps can be taken to manage individuals who raise serious concerns during pre-release testing.”
“Therefore, I welcome the work that is being done by the Law Society to ensure that we have a robust profession that is not just contingent on fee arrangements but offers young people a viable career. There has to be a proactive approach to encouraging young members of the profession to practise in rural areas. We are happy to work alongside the legal profession to do that. Ultimately, it is important that it works together with the Department to ensure that people who want to enter the legal profession and to do so in their own community and in rural communities are supported and able to that. However, we have to do it within the financial constraints that my Department has to work within, as does every other Minister.”
“We are looking again at PACE and at providing an uplift for unsocial hours, and we have said that we will do that. People will not take on that kind of criminal work unless they feel rewarded. Not many of us would get out of bed at 3.00 am and go somewhere for a £40 flat payment. We need to be realistic about what that work entails and how we ensure that people are adequately remunerated. That is in hand. <BR /> <BR />Responsibility for the security of the legal profession generally is not a matter for the Department alone. We have a role to play, but remuneration is only one part of the viability of the profession. For example, we can do certain things, such as the uplift to fees, and things to do with interim payments and simplification of the legal aid system, but other things really require the profession to invest.”
“<BR /> <BR />The justice system depends on the work of hard-working, professional legal representatives across the country, and so we are bringing forward legislation to introduce a range of measures to support the viability of the legal profession, enhancing access to justice for all our citizens. We are also looking at how we can not just improve legal aid remuneration but enhance provision for the early payment of disbursements so that people will see the benefit of that. In response to conversations that we had with those who were engaged, for example, in Police and Criminal Evidence (PACE) work, which is the out-of-hours work that you referred to, and some of the issues with travel, we have also reviewed hourly rates and travel disbursements for solicitors.”
“However, the management of the PSNI estate, including custody suites, is an operational matter for the Chief Constable. He is accountable to the Northern Ireland Policing Board, and I cannot interfere in that decision-making. My duty is to ensure that both have adequate funding, and we had discussion at Question Time earlier about the efforts that I have made in that regard. However, I am sure that your colleague Alan Chambers, who sits on the Policing Board, will be able to raise your concerns about whether a rural needs assessment was undertaken. <BR /> <BR />Similarly, the queries that were raised regarding Land Registry delays should really be addressed to the Department of Finance within whose purview that sits. I am unable to answer in that respect.”
“All those decisions will be dependent on resource, and the reality is that we do not know what our capital budget will be, because we are in an annual budget situation at the moment. When we move to the point where we have a three-year budgeting situation, the pace of investment that we can make in our capital infrastructure, as well as investment in resources, will be much clearer. Enniskillen courthouse is now open three days a week. It is a hearing centre, and, ultimately, the scheduling of court business is a matter for the judiciary. We facilitate them by having the hearing centre available for them. <BR /> <BR />In respect of custody suites in the region, I understand the situation in some areas where PSNI custody suites have closed and the complexity of the reasons for that.”
“The future investment in Fermanagh and South Tyrone will form part of that process, and no decision has been made on any courthouse that is part of the overall implementation of the estate strategy. <BR /> <BR />There will, of course, be difficult decisions that need to be taken with respect to all the facilities that we have. However, any proposal to reduce or change the operation of courthouses will be subject to public consultation and the scrutiny of the House.”
“The publication of the Northern Ireland Courts and Tribunals Service's estate strategy in September 2023 was a really important milestone for the service, as it provides a framework for investment over the next decade and beyond. The estate strategy was developed through a structured engagement process with stakeholders, and one of its four aims is to improve user experience, including ensuring that our estate is inclusive and accessible for everyone. To implement the strategy, the service uses data and evidence to baseline the existing estate against the agreed strategic outcomes and to develop prioritised investment delivery plans in the context of the finite resources that we have available.”
“That is a ratio of 23·8 solicitor firms per 100,000 of the population and an average minimum distance to the nearest solicitor firm of 2·7 miles. Statistics for 2023-24 show that £2·4 million was paid to solicitor firms in Fermanagh and Omagh and £2·6 million to solicitor firms in Mid Ulster. <BR /> <BR />I want to build on that provision, and, through the enabling access to justice programme delivery plan, I seek to enhance tailored service provision at the point of entry to the system. Actions aimed at streamlining processes, improving transparency, providing targeted advice and resolving cases early outside the court environment will benefit not only those living in rural areas but solicitors and the profession. <BR /> <BR />The proximity of courts and the maintenance of the estate are important issues that Members have raised.”
“There is no doubt that supporting access to legal services in rural areas such as Fermanagh and South Tyrone can present challenges because of issues such as geography, public transport and the location of legal firms. Despite those issues, however, Fermanagh and Omagh have the fifth largest concentration of registered solicitor firms by local government district, with 35 solicitor firms that are based in Fermanagh and Omagh District Council area registered on the Legal Services Agency's (LSA) legal aid management system. That is a ratio of 29·9 solicitor firms per 100,000 of the population. The average distance to the nearest firm is 3·8 miles. Figures for Mid Ulster indicate that it has the fourth largest concentration of registered solicitor firms by local government area, with 36 based in that district registered on the LSA system.”
“Changes must, however, be based on robust evidence, and all proposals will be subject to detailed consultation and impact assessments, including rural needs assessments, to ensure that the implications for communities and individuals are properly considered and mitigated and the benefits of the programme for citizens can be realised. <BR /> <BR />While remuneration is only one part of enabling access to justice, legal aid funding is available to ensure that people in Fermanagh and South Tyrone and elsewhere who cannot afford legal services can access the representation and advice that they need. The Department recently conducted a foundational review of legal services, to which some of you referred, that indicated concerns from stakeholders about the provision of rural legal services.”
“Justice has consistently been underfunded, and we need to ensure that there is value for money and balance competing priorities across police, prisons and justice delivery to make sure that we can keep people safe and that resources are directed to the areas of greatest need and to supporting the most vulnerable. Through the programme, I seek to ensure that we maximise every possible benefit from every pound that we invest in legal aid and other access to justice interventions. I am keenly aware that citizens, those supporting them and colleagues in the House have evidence and insight that will help us to determine how best to achieve that. I am committed to continuing that constructive engagement.”
“The programme committed to a range of actions to help to achieve those aims, including ensuring fair and proportionate remuneration for legal advice and representation; increasing eligibility for legal aid; ensuring clarity through simpler and fairer tests that focus on the greatest need and greatest risk of harm; incentivising early resolution; trialling alternative dispute resolution in the interest of ensuring better outcomes and reducing costs; and enhancing front-line service provision to ensure early access to holistic tailored support at the initial point of need. I am considering responses to the consultation on the programme delivery plan, but work is progressing in tandem with that to ensure that we can proceed and deliver effective change at pace. <BR /> <BR />The programme will, of course, be contingent on resources.”
“The programme is based on what I have heard and learned from those who use the system and what they tell us about their experience and what those who support it tell us about the challenges. As the Member will be aware, the reform programme aims to ensure the viability and sustainability of the justice system as a whole and, more important, to provide better services and supports to citizens. That means ensuring the continued availability of high-quality advice and representation and that we minimise the acrimony, stress and trauma for those who come into contact with the justice system by ensuring that the right supports and services are available at the right time and that disputes are resolved at the earliest possible opportunity.”
“Thank you, Madam Principal Deputy Speaker. I thank the Member for Fermanagh and South Tyrone Ms Armstrong for securing the debate, and I welcome the opportunity to engage on these issues with everyone who has remained in their place despite the hour. <BR /> <BR />I am acutely aware of the challenges facing our justice system, and my officials and I have had the opportunity to meet constituents and members of the profession from the Member's constituency to address those challenges and outline the steps that I am taking through the enabling access to justice programme. We have shaped some of our response as a result of that meeting, and some of the issues that were raised with us and surfaced during it, and I appreciate very much the Law Society giving us the opportunity to do that.”
“On a point of order, Mr Speaker. First, I did not miss most of the debate. I was working in my office and was listening keenly to the debate. Secondly, if you look around the Chamber, you will see plenty of people who will have spoken to their colleagues throughout the debate. It is not for Mr Butler to call me to order. I understood that you were the Speaker.”
“In the first instance, we hope to provide the PSNI with the money that allowed it to build resilience by getting mutual aid. That was around £5 million, and we are very hopeful of it coming through. <BR /> <BR />As for the wider resources that are available to the PSNI, the best way for it to build confidence in communities is to be in those communities policing them at neighbourhood level. That is why I have put forward a business case, and I am hopeful that the Executive will buy into that business case very soon.”
“<BR /> <BR />We will all have been horrified by some of the cases over recent years where children and vulnerable adults have clearly been abused over a protracted period, yet, astonishingly, no one in the household took the time to report the neglect or abuse. That is what we want to drive out.”
“Increasing the maximum sentence for the offence would, of course, empower us to reflect the full gravity of cases where a child or vulnerable adult has suffered death or serious harm and where there has been a wilful failure to act to protect that person. That would send a very strong message about the seriousness with which we all view such failures and would strengthen the principle of accountability in households and caregiving environments. It would also, I hope, reassure the public that the justice system is capable of imposing proportionate penalties in what are tragic and sensitive cases. In practical terms, it would allow the court to differentiate between lower-level neglect and much more significant conduct, such as prolonged inaction in the face of obvious risk.”
“<BR /> <BR />The current maximum sentence in Northern Ireland is 14 years for cases involving death and 10 years for those involving serious harm, but in England and Wales, the maximum sentence was increased in 2022 to life for causing death and 14 years for causing serious harm. At the moment, we are consulting on whether the sentences in Northern Ireland are adequate or whether they should be increased in line with those in England and Wales. We are also inviting opinions on whether we should adopt a similar approach to that in England and Wales, with the aim of providing consistency across jurisdictions. We want to ensure that the courts have maximum flexibility in applying sentences in what are horrific cases.”
“We are looking at proposals in the offence of causing or allowing the death of, or serious physical harm to, a child or vulnerable adult. The offence addresses cases where it is clear that a child or vulnerable adult has suffered serious harm or death but it is impossible to prove which household member was directly responsible for it. The offence could also be when one person caused the death or serious harm and another allowed it by failing to act to prevent it when they had a duty to protect the victim from harm. In such cases, both perpetrators could be charged under the proposed law.”
“As I said, that is a matter for the Chief Constable, and he is accountable to the Policing Board. I am aware, however, that in order to ensure that robust safeguards are in place, the Policing Board is looking very carefully at the powers of stop-and-search and how they are used. Of course, the human rights of all of us as citizens matter, and police powers have to be fettered within the law. The Policing Board is looking at that. I do not believe that this matter should be tied to what is a basic resourcing issue. We do not have enough police officers, and, with respect, if we had more police officers engaged in more direct community policing, we might not have young people on our streets placing themselves in danger.”
“First, to clarify, I did not say that AEPs could not be fatal, because there are circumstances in which they will be, but they are less-often fatal than the alternative, which is live rounds. That is the point that I made. I did not say that AEPs are not fatal, because I know that, tragically, people have lost their life because they have been hit by a plastic bullet. Plastic bullets are no longer deployed. AEPs are now used, and they are a different category of ammunition. However, they are still ammunition. To be clear, throwing a petrol bomb at a police officer is an assault on that police officer's life. If a police officer's life were under threat anywhere else, the use of live rounds would be resorted to. <BR /> <BR />I will not get into a situation where I try to dictate to the police how they should go about their job.”
“Again, it would not be appropriate to put conditions on resourcing and link them to political points about how the police go about their operational duties. I have always been clear: the operational duties of the police are the responsibility of the Chief Constable, and he is answerable to the Policing Board.”
“First, plastic bullets have not been used in Northern Ireland for a very long time. The AEPs that are currently used are of a different magnitude and make, and they are not used in a liberal fashion. They are used only when there is a threat to life, and the alternative to using them is to use live rounds. We have to be careful to leave the PSNI to make the calls on how it polices those situations and the Policing Board to scrutinise the use of different tactics as they come along. <BR /> <BR />I am aware of issues with stop-and-search. Much research has been done into that, and we have received much feedback, particularly from those who feel targeted by it. However, it would not be appropriate to tie the PSNI's hands beyond what is required by the Policing Board on the appropriateness of its responses.”
“The Restorative Justice Council, which is a national organisation, held its annual conference here last year, at which I spoke. I also regularly meet restorative justice practitioners, whether they are working in probation, prisons or the community and voluntary sector.”
“Those are much more complex and require practitioners who are much more skilled, educated and experienced, but it is something that we are passionate about moving forward with.”
“As the Member will be aware, restorative justice is something that I feel passionately about. As I said yesterday, one of the purposes of sentencing is to ensure that reparations are made to the community and people are forced to confront the impact of the harm that they cause as they offend. Part of that can be done through restorative practice. <BR /> <BR />We are doing quite a bit of work in the restorative space in setting up for accreditation groups and individuals who can operate at different tiers, whether that is at the community level of restorative practice to defuse community tensions or at the highest specialisation level of restorative practice in serious crimes such as murder and rape.”
“The Member will know what I have said about not wanting to encroach on judicial discretion when it comes to particular situations. I am conscious of the risks around prescribing particular sentencing outcomes that would then apply in every case. However, I am open to discussing with the Member how we can make sure that there is a deterrent, because unlike with many of the other spontaneous crimes that we talk about, in which deterrence does not really play a role in people's decision-making, people made choices over the past number of weeks. They chose to go to the places where riots were happening, they chose to promote those riots on social media, they chose to come armed with Molotov cocktails and large pieces of masonry, and they chose to attack police officers. Making those choices should be reflected in sentencing.”
“To be clear, if somebody is serving the public, they should be able to do so without fear or threat of intimidation, violence or assault.”
“Those who attack the PSNI are not just attacking the PSNI but attacking, first, people who are members of families and communities, and whose families are distressed by what has happened to them, and, secondly, the wider community, because they are preventing the police from attending crisis situations and thus delaying their response. That could cost any of us if we were ever to need to dial 999 in an emergency. <BR /> <BR />As part of the sentencing Bill that I will introduce in the autumn, I want to increase the aggravator that applies to assault in order to take account of anyone who is providing a public service, or a service to the public, or who is working on the front line so that that can be taken into account during sentencing.”
“I am more than happy to do so. I was at the launch of the Let Them Protect campaign, and anyone who has seen the hard-hitting advertising on television will be struck by the vulnerability of the people whom the police attend to day and daily and the risks to them if PSNI officers are instead in hospital waiting rooms seeking treatment for assault. It is not acceptable that, when people run towards harm to protect us, they end up being spat on, bitten and kicked, having masonry dropped on their head and enduring a host of other abuses, including having their car rammed. When people step forward to protect the community, they deserve to have its respect and cooperation.”
“My initial answer made clear my views on paramilitarism. I have been consistent throughout my political career that there can be no place in our society for paramilitarism. Although I respect the right of every community to respect its dead and to commemorate those matters that are important to it, we all need to be conscious of the impact that doing so can have on young people and how that can influence whom they view as being a champion or a hero in their community. Let us create positive role models whom young people want to emulate so that they are able to do things without ending up spending considerable time in jail.”
“There are also those who are subject to criminal coercive control in communities, and there has been, online and in communities, a degree of indoctrination and radicalisation of young people to think that rioting is exciting. <BR /> <BR />I say very gently to Members in the Chamber that, if we glorify people and put them on a pedestal as heroes because of things that they did during what was a horrendous period, there is a risk that young people will view them as people whom they should emulate instead of looking up to those who were law-abiding throughout and who adhered to the normal rules of society. As we work through how we respect those who have passed, we have to be conscious that we do not glorify situations or behaviours that could endanger another generation of young people.”
“I will answer the first part of that question as best I can, although it is not necessarily one for the Department of Justice alone to answer. A number of factors are involved. First, there is young people's lack of lived experience. Young people see stuff on television and think that it looks exciting. If you have never feared for your life in the way in which the people who lived at interfaces when riots were taking place did, you will not recognise the potential risks. Young people, because of the stage that they are at in their development, are often risk-takers. They often do not foresee long-term consequences in the same way in which adults do. There is therefore a tendency for them to engage in high-risk behaviours, and that is challenging to deal with.”
“It is important that our Police Service be representative, and I look forward to working with the Member to ensure that it is, going forward.”
“In addition to the baseline allocation, we had Executive allocations of £132·3 million, and PSNI received just over £86 million of that. From my perspective, there has been a prioritisation of the PSNI. It also got £3·3 million towards the increased costs of employer National Insurance contributions. I also submitted a bid, in light of the recent riots, for £5 million to help the police with the additional costs of mutual aid. However, it is sad that that £5 million has gone, essentially, in supporting the policing of riots when it could have gone directly into increasing the number of officers available to do general policing.”
“I have taken every opportunity to do that: first, in the opening Budget allocations and as we have gone through the year to date; in fairness, we are only about 10 weeks into the year. Some 65% of the funding that came into the Department of Justice went to PSNI, and 35% provides for the entire remainder of the system. That gives you some idea of the proportional split. We have to run everything else, including courts, probation and prisons, on the remaining 35% of the budget. <BR /> <BR />We also know that there are other challenges. We got an additional £5 million towards making our communities safer, which was one of the priorities in the Executive programme, and the PSNI will receive £4·75 million of that, which is 95% of it.”
“That would then allow us to ensure that the PSNI rises to 7,000 officers and roughly 2,500 staff and is maintained at that level post reaching it after three years. We are still working through that, so allocations in this year would definitely be welcome in starting the process, but we need that longer-term horizon to make it work.”
“I will provide some clarity. As things stand, the PSNI has set aside a provisional £7 million this year for recruitment in the first year, which is the first year of the business plan. However, because that has not yet been funded by the Executive, that adds to its pressures, which are around £21 million, with £7 million of that for the business case for recruitment. Even if the PSNI were to get the £7 million, we would have to find a way of bridging the remaining gap of £14 million for it to be affordable. The Chief Constable has agreed to do a piece of work on that. <BR /> <BR />Next year, it will cost about £26 million, so the hope is that, when we come to set a three-year Budget, we will look at the three years from the point where that Budget will kick in and make an allocation for each of those three years.”
“While the Minister of Finance and I have approved the PSNI workforce recovery business case, affordability remains a key concern, given the current pressures on public finances. I have heard the comments made by the First Minister, and I would like to see this funding prioritised. I then had a constructive meeting with the Finance Minister about the business case this morning, and it will, ultimately, be for him to bring it to the Executive for approval. This funding could be a game changer in ensuring that we can grow officer numbers and put the PSNI on a sustainable footing. Every party in the Assembly has acknowledged that the PSNI is not adequately staffed, so now is the time to support funding for that business case.”
“Campaigners for children's rights still wait for equivalent legislation in England and Northern Ireland, leading to an uneven picture of child protection across the UK. <BR /> <BR />On 11 November 2015, the Irish Parliament adopted legislation explicitly repealing the common law defence of reasonable chastisement of children. That came into force on 11 December 2015.”
“Children in Scotland, Wales and the Republic of Ireland have equal protection from assault with adults. The Children (Equal Protection from Assault) (Scotland) Act 2019 removed the common law defence of reasonable chastisement from the law of Scotland on 7 November 2020. It was commenced 12 months later. The Welsh Government's Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 came into force on 21 March 2022. A comprehensive multimedia stakeholder and public awareness campaign was completed before commencement. A three-year interim review will provide a post-implementation report, which is due to be laid before the end of this year.”