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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“I am happy to have a separate discussion about bail conditions, but the focus of the considerations will be on sentencing. Bail does not apply to those who are sentenced. It is certainly something that we can have a chat about down the line, however. <BR /> <BR />In practice, the skilled judiciary have the job of delivering fair and appropriate sentences independently of government in every case that comes before the courts, based on the evidence that is presented. Sentencing is a complex issue, and it is unique in each case. Judges have to consider carefully all the factors that relate to a case, along with any sentencing guidance, which is a matter for the courts, and established sentencing principles before they come to their final determination.”
“We have identified a number of issues for consideration, including the use of character references — an issue that was also raised today — although we will look at those in particular in domestic and sexual violence trials; sentences for serious sexual offences; and sentences for drug offences. All those matters have been touched on today, as we recognise that they are of serious concern. We will also consider recommendations arising from the recent review of sentencing in England and Wales. If further legislation is considered necessary, that will lead to a further sentencing Bill at a future point, which will hopefully be well informed by public feedback. <BR /> <BR />In practice, the challenging task of determining an appropriate sentence —.”
“When considering the utility of such an organisation, it will be important to take into account the particular needs of our own jurisdiction and criminal justice system. That will be done by learning from other jurisdictions and also by taking on board the views of other stakeholders involved. Although the Member said that he intends to bring forward something as part of the proposed sentencing Bill, I think that it would be wrong for him to do so ahead of a fully considered and consulted-on process that looks at the utility and value for money that a sentencing council would bring versus what we have at the moment under the auspices of the LCJ. <BR /> <BR />We are also planning to look at other sentencing reviews.”
“The principles will be that there should be proportionality, fairness and transparency. The purposes will be punishment, protection of the public, deterrence, rehabilitation and reparation, because paying something back to society when a person has committed an offence is an important part of the process. <BR /> <BR />During this mandate, I also intend to undertake a further review of sentencing issues that have emerged since the previous review was completed. Sentencing guideline mechanisms will be one of the issues that I intend to include for consideration in the review, with one potential option being the introduction of a sentencing council for Northern Ireland, as is proposed in the motion.”
“The Department's previous sentencing policy review considered that it would be desirable to have a clear understanding of the principles and purposes of sentencing, as that can improve clarity, awareness and understanding of and public confidence in sentencing and, while not treading on judicial independence, might assist the courts with achieving consistency in their sentencing decisions. The sentencing Bill will therefore also make provision for the principles and purposes of sentencing for adult offenders.”
“The measures in the proposed Bill are designed to increase public safety, reduce reoffending and help to create a more effective, transparent and efficient justice system, aligning with the Programme for Government's safer communities priority and the aim that everyone should feel safe and that we all respect the law and one another. <BR /> <BR />From listening to today's discussion, I know that perceptions of what sentencing should be and should do vary widely around the Chamber.”
“That will include clauses to give effect to the findings of the Department's previous sentencing policy review, which was conducted in 2016-17; the creation of Charlotte's law, a range of bespoke provisions designed to encourage those who kill in no-body murder cases to reveal the whereabouts of their victims' remains; and the creation of a statutory aggravator model in hate crime cases. The Member will be pleased to know that the Bill will also introduce, in relation to the issue of enhanced sentencing, an aggravating factor for those who work in public service or deliver a public duty.”
“<BR /> <BR />With those aims in mind, since taking office for the first time in 2020, I have been committed to improving sentencing policy in Northern Ireland. I have specifically increased the sentencing for serious sexual offences, created additional offences and introduced increases in the sentences for domestic violence and abuse crimes. It is important to note that that is the case. However, the complexity of the issues and, more significantly, the disruption to the functioning of these institutions have delayed the implementation of those plans. <BR /> <BR />Members will be aware that I plan to introduce a sentencing Bill, for which we have been waiting for some time, by the end of this year.”
“Thank you, Mr Deputy Speaker. I welcome the debate, because sentencing is a vital part of the justice system in Northern Ireland and one that is frequently poorly understood. It often involves complex considerations requiring a delicate balance to be struck between the rights of defendants on the one hand and the needs and expectations of victims and the general public on the other. Furthermore, effective and appropriate sentencing policy is fundamental to the success of the Department's mission to reduce offending, deal firmly and fairly with those who offend and deal with them in a way that benefits communities and recognises the hurt that can be suffered by victims, whilst assisting offenders to change their offending behaviour and maintaining public confidence in the system more widely.”
“I thank the Member for giving way. I caution him that the matter is still sub judice, because there are ongoing proceedings. He mentioned financial recovery, and that matter is also still before the courts.”
“For clarification, being a really good boxer could be an aggravating factor if you were involved in GBH, because you could be seen as being more skilled in what you were doing. To be clear, you can get character references with any offence. If somebody is accused of GBH, they can have character references.”
“Not all sentences have a licensing element, so I am really at a loss to understand. If somebody is on a life licence, that is a permanent situation for the rest of their life, but many people will not have an extended licence. They will simply have their custody period. I therefore do not understand the point about licence. Can you clarify?”
“I thank the Member for giving way. Before he continues, will he clarify that? At the moment, that is what happens. A person is offered the opportunity at arraignment to plead, and if they plead, they will get a certain reduction in sentence for entering an early guilty plea. If they plead later in the process, it is the judge who determines the percentage of sentence reduction, if any, to which they are entitled. How does his proposal therefore differ from what happens at the moment?”
“That undermines public confidence and is unjust in the context of the matter not being devolved and our having no vires to act. Where we do, we have acted, and today provides a strong example of that.”
“That is why I stand here today, proposing a legislative consent motion to seek the permission of the House for the Home Secretary to take action on the issues for which I have responsibility. I do not have responsibility for the remainder of the Bill. These are the elements for which I have responsibility, and that is why I propose the motion. <BR /> <BR />I hope that it is clear to Members that the Bill will not only strengthen the ability of law enforcement agencies and the courts to tackle serious and organised crime but ensure that we do not fall behind the rest of the UK in our response to those issues. We, as an Assembly, need to take these matters seriously, and it is not helpful, frankly, to level wider narratives about inactivity on the part of the PSNI or, indeed, the DOJ.”
“Where immigration crime is part of the organised crime disruption process and, for example, things like unexplained wealth orders or other Criminal Finances Act 2017 measures can be deployed, of course they will be used to prevent those who exploit human misery and exploit the vulnerable from being able to profit from that. That falls within the remit of the Department of Justice. Specific immigration laws, which are reserved and excepted matters, do not. They are dealt with at UK level. They are not devolved in Scotland; they are not devolved in Wales; and they are not devolved in Northern Ireland. I cannot do the Home Secretary's job for her any more than she can delve into matters that are devolved to the Assembly.”
“It establishes a framework to allow the Secretary of State for Transport, through the GB Driver and Vehicle Licensing Agency, to share trailer and registration information with specific government bodies, including the police. The Driver and Vehicle Agency in Northern Ireland does not register trailers, including Northern Ireland trailers. The DVLA carries out that function for Northern Ireland trailers that require registration, so there is no cross-cutting element to that part of the legislation. <BR /> <BR />A wider point has been made today that I should do x, y or z in relation to immigration.”
“The Home Office wrote to the First Minister and the deputy First Minister. I have therefore engaged with the Home Office in relation only to the measures in the Bill that are within the remit of my Department, rather than on the wider Bill. I note that the Member raised the issue of what the PSNI is doing. This morning, I set out in detail the work of the joint agency task force in disrupting organised crime gangs, which include those who engage in people smuggling. The Policing Board has been working with the PSNI on, in particular, Albanian people smugglers who advertise online. <BR /> <BR />The Deputy Chair of the Committee asked what engagement we need with the Infrastructure Minister. The clause about sharing trailer registration information is not cross-cutting.”
“The three measures that I have brought forward fall within the legislative competency of my Department, and the fourth rests with the Department for the Economy.”
“As Members will understand, and as officials have already explained and apologised for to the Committee, that was due to an administrative error. The memorandum should have been laid following the correspondence with the Executive and the Justice Committee on 23 April. I apologise if that frustrated the Committee's work in any way. <BR /> <BR />The Home Office has overall responsibility for the measures in the wider Bill and for immigration in Northern Ireland, just as it does for immigration in every other part of the UK. The Executive Office has an interest in some measures in the Bill, but none of those requires legislative consent; they are all under the vires of the Home Office as they are excepted or reserved matters.”
“A further paper was provided on 22 May, alongside the legislative consent motion and memorandum seeking consent. Departmental officials provided oral evidence to the Committee on 29 May. I note that the Committee's report on the Bill was published on 5 June. <BR /> <BR />I thank the Committee for its scrutiny of the Bill and its subsequent report, but I understand its frustration, because LCMs always happen at pace and often engage complex and sensitive issues. I was pleased to note that no substantive concerns were raised and that the Committee was content to support my decision to seek Assembly endorsement of those matters that require legislative consent, as opposed to those that are legislated for, rightly, by Westminster. <BR /> <BR />Why was the memorandum laid the day before the full legislative consent motion?”
“The Home Office originally wrote the First Minister and deputy First Minister. My Department, because of its limited role in the matter, was not engaged by the Home Office. However, given that no measures falling within the Bill require the consent of the Executive Office, I took the decision to move forward with an LCM for those issues, as I set out in my introductory remarks, that fall within the remit of Justice, recognising that it has only a limited vires in respect of immigration. A further complicating factor was that there was a measure in the Bill that required the consent of the Department for the Economy. My Department agreed that it could use our LCM to progress that. <BR /> <BR />The Committee received a briefing on 23 April to alert it to the measures in the Bill.”
“The Member has had plenty to say while he has been sitting down, and I will certainly not give way to him while he continues to shout.”
“Mr Speaker, I will not give way to the Member. The Member has plenty to say —”
“Given that Members are so concerned about illegal immigration, you would expect them to do their homework and to know that.”
“The boundaries between reserved and excepted matters and devolved matters are clearly established, and I am not responsible for reserved and excepted matters. Members continue to make pointless charges that I should do something about immigration enforcement when I do not have the vires to do so. Border Force is responsible for the enforcement of border law in Northern Ireland, under the direct charge of the Home Office.”
“I wish to move on to the matter of Committee engagement, which was raised by the Chair of the Committee. I thank the Chair and Committee members for their work on the LCM. The LCM is limited in nature, and I will address that. <BR /> <BR />The nature and overall topic of the Bill made initial engagement quite complex because the vast majority of the measures in it are reserved or excepted. I know that Members want to have a debate about immigration, and they are free to do so. The debate on this LCM is not, however, the forum in which to do that, because the LCM is on a reserved matter — immigration — and the only measures for which I need legislative consent are the devolved measures.”
“I agree. A rule of thumb is that the more sensitive the issue, the more moderate the language required. Some Members would do well to take account of that in their contributions.”
“It is rude in Parliament, and it is rude in the Assembly. <BR /> <BR />I wish to return to the issue and move on with what I have to say about Committee engagement.”
“Mr Speaker, I am not sure where you went to school, but courtesy was taught in my school. People shouting across another when they are speaking is rude.”
“— and allow people to speak without interruption.”
“— when his knees are bent. Perhaps he should bend them in different ways —”
“I thank most of the Members who contributed to the debate today. I will address some of the issues that they raised. It would be helpful if Members did not chunter from a sedentary position. It seems that Mr Buckley is at his most noisy —”
“I am hopeful that Members will in this instance agree that the extension of the Westminster Bill to Northern Ireland via legislative consent is the most efficient and expedient way in which to legislate for the matters that are before the House. I hope that the legislative consent motion will have Members' support.”
“<BR /> <BR />The final measure falls to the Department for the Economy. The clause deals with the validation of fees that are charged for the UK National Information Centre (UK ENIC) service. The UK ENIC service is the UK's national information centre for the recognition and evaluation of international qualifications and is used by the Department for the Economy's Careers Service. <BR /> <BR />That concludes the overview of the Bill. As Minister of Justice, my preference is always to legislate for devolved matters through the Assembly. For the measures that fall to the Department of Justice specifically, however, Members will appreciate the very serious nature of the criminality that the clauses aim to deal with.”
“There is a requirement to consult the Department of Justice before doing so. Any changes must be considered by Parliament. It also amends the Proceeds of Crime Act 2002 by adding the offences to the criminal lifestyle offences at schedule 5. <BR /> <BR />The third measure extends the offence of a breach of an interim serious crime prevention order. The extension of that measure to all jurisdictions of the UK is to maintain the integrity of the offence and ensure enforcement. It is the only offence of a breach that engages legislative consent. The associated penalty is on summary conviction to imprisonment for a term not exceeding six months, a fine not exceeding the statutory maximum or to both, or, on conviction on indictment, to imprisonment for a term not exceeding five years, a fine or both.”
“The specified articles are defined in the legislation and include vehicle concealments used to transport illicit goods, templates for 3D-printed firearms components, an encapsulator, which is used to fake drugs and tablets, and tablet presses which, again, are used in the supply of illegal drugs. <BR /> <BR />A serious offence is defined as one that is specified in Part 2 of schedule A to the Serious Crime Act 2007. The associated penalty on summary conviction is imprisonment for a term not exceeding six months, a fine not exceeding the statutory minimum, or, on conviction on indictment, imprisonment for a term not exceeding five years, a fine or both. The legislation includes a delegated power to allow the Secretary of State to amend the list of specified articles via secondary legislation.”
“The draft legislation ensures that those provisions do not override data protection or investigatory powers laws and clarifies definitions, including who qualifies as an authorised person or officer, and empowers the Secretary of State to define specific policing purposes, through regulations, after consulting the relevant stakeholders, such as police representatives, Scottish Ministers and the Department of Justice. <BR /> <BR />The second is a measure to create two new criminal offences relating to articles for use in serious crime. It includes possession of a specified article that will be used in connection with a serious offence and importing, manufacturing, adapting, supplying or offering to supply a specified article where there are reasonable grounds to suspect that the article will be used in any serious offence.”
“The first establishes a framework allowing the Secretary of State for Transport, through the GB Driver and Vehicle Licensing Agency, to share trailer registration information with specific government bodies including the police. It authorises the Secretary of State for Transport to supply trailer registration information to the Home Office and designated law enforcement bodies, including the UK police forces, HM Revenue and Customs and the National Crime Agency. It sets out how information shared under the legislation can be passed on by recipients, such as the Home Office or authorised policing personnel, allowing further disclosure to other public functionaries in the UK or abroad for specified purposes related to policing, criminal investigations, law enforcement purposes and safeguarding national security.”
“<BR /> <BR />My interest today is in three measures that require legislative consent and that fall within the remit of the Department of Justice and in one further measure that falls to the Department for the Economy. In the interests of expediency and the effective utilisation of Assembly time, it was agreed that I would bring a single legislative consent motion (LCM) to the Assembly on behalf of the Department of Justice and the Department for the Economy. I am therefore pleased to lead on this joint motion. <BR /> <BR />Turning to the matters in the Bill that engage the legislative consent process, I will now provide an overview of the measures for which I seek the Assembly's legislative consent.”
“I should emphasise that, whilst revised versions of the Bill have been published, there have been no amendments to any of the measures that require legislative consent today. Apart from the clause numbers, they remain unchanged. <BR /> <BR />I also want to highlight the fact that the majority of the measures contained in the Bill do not relate to my Department, and I have not been consulted or engaged with on those measures. I am aware that the Home Office Minister wrote to the First Minister and deputy First Minister, but I have not had sight of that correspondence. I understand, however, that none of the measures that are of wider interest to the Executive Office requires legislative consent.”
“The Bill contains a mix of excepted and reserved measures, some of which apply or are extended to Northern Ireland. There are, however, four matters that are transferred and therefore require legislative consent. In the interests of transparency, Members will wish to note that, as part of the parliamentary process, two revised versions of the Bill have been published since its introduction. That means that some of the clause numbers have changed. Indeed, as the Bill is currently at the House of Lords Committee Stage, I imagine that a further revised version of the Bill will soon be published. Today, I will refer to the clause numbers as set out in the memorandum and motion. Those relate to the Bill as amended in the House of Commons on 19 March 2025.”
“I am grateful for the opportunity to move the motion and speak about the Border Security, Asylum and Immigration Bill, which is currently progressing through Parliament. <BR /> <BR />The Bill was introduced in Westminster on 30 January 2025. Its overall intention is to create a framework of new, enhanced powers and offences to improve UK border security and to strengthen the asylum and immigration system. The Bill also contains various measures that will strengthen the ability of law enforcement agencies and the courts to tackle serious and organised crime.”
“<BR /> <BR />I am not sure that I fully understood Mr McNulty's point about the Executive not doing this. The bottom line is that we are doing it: we are doing it today via the LCM and in the most expeditious manner possible. That is what everybody would want us to do so that this will be available to people in Northern Ireland at the earliest opportunity. <BR /> <BR />I hope that, in my introductory remarks and my response to Members' queries, I have shown that the Bill's provisions will not only strengthen the ability of our law enforcement agencies and the courts to tackle serious and organised crime but ensure that we do not fall behind the rest of the UK in our response to the issues. I commend the motion to the House.”
“There is embarrassment, fear of not being believed and the assumption that, if there is not a specific offence to deal with it, it will not be dealt with by the courts. All of those things together can dissuade people from coming forward and reporting. There is an opportunity through this legislation to raise public awareness, deter individuals from engaging in the criminal offence, provide a platform to allow meaningful data to be collated and allow strategic and developmental planning to address that behaviour in future. There is currently no substantive data that will tell us the prevalence of spiking. Given the broad nature of the existing offences, it is hard to measure it. We do not have specific data on spiking, but this will allow us to capture that.”
“There is already a process whereby the offender themselves can ask to be removed from the register, but this will allow the PSNI to initiate a review if it feels that that is appropriate to do so. To be clear, however, that will apply only to category 1 sex offenders — those who are in the lowest risk category — and removal will take place only in those cases where all of the partners are content that the risk is mitigated in other ways. <BR /> <BR />I know that Members have a particular interest in the issue of spiking. The new clause has the potential to improve police data collection and gain a better understanding of the prevalence of spiking. A number of Members, including my colleague Connie Egan, spoke about the fact that it is an under-reported crime.”
“It is important that we keep pace not just with technology but with what is happening more widely in the criminal space. <BR /> <BR />I thank Members who highlighted the issue of indefinite notification requirements. The benefit of that provision — this partly answers Mr McNulty's point — is that it will allow the PSNI to look at the lowest-risk offenders and, where it feels that that risk is no longer valid, remove individuals from the register. That allows the PSNI to concentrate its scarce resources on the highest-risk offenders. It is important that it is always about balancing out proportionally where those resources have to go. We all want those high-risk offenders to be the subject of increased scrutiny. The provision will allow the opportunity to do that under an own motion process.”
“The Committee may therefore have found itself frustrated that we were briefing that something was in the Bill that was then out of it or that was out and then in. There is a challenge in that regard, which is why it would always be my first preference to introduce legislation here ourselves. That would allow us to have more detailed scrutiny. However, the Bill is a valuable opportunity for us to update the measures, and, as the Committee Chair said, it is important that we take a robust stance on the issues. Many of the criminal offences covered in the Bill, whether that is cuckooing, child sexual abuse or the actions of sexual offenders more generally, deal with some of the most vulnerable victims that we will have to deal with.”
“I thank all the Members who contributed to the debate and thank in particular the Chair and Deputy Chair of the Committee, who oversaw the scrutiny of the LCM. <BR /> <BR />I will turn to some of the points that Members raised during the debate, which was constructive. To be clear, any engagement that we had with others, including the PSNI or the Human Rights Commission, was on the same broad terms as with the Committee. Unfortunately, we cannot share the detail of the content of legislation until it is published in Westminster. That is the same courtesy as we would expect to be shown to this House. There is also the issue that things were being added at the last minute of which we were not aware.”
“However, the extension of the provisions in my motion will ensure that there is consistency across the UK in tackling certain kinds of criminality. It also provides important safeguards for victims. We know that certain types of organised crime know and recognise no boundaries and so should be handled consistently across every jurisdiction. Utilising this Westminster Bill is the most efficient and expedient way to legislate for these matters and prevents a situation in which Northern Ireland becomes a lacuna that is attractive to organised crime. I hope that the legislative consent motion will have the support of the House, and I look forward to listening to Members as they contribute to the debate.”