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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“That is an interesting question. Of course, during the previous mandate, I tried hard to bring forward a review of the minimum content order for relationships and sexuality education (RSE), as recommended by Sir John Gillen in his report on dealing with serious sexual offences. Unfortunately, the DUP Minister at the time refused to participate in that. I initially had a good response from Peter Weir, but the subsequent Minister resiled from that. In this mandate, there has been a lot of hot air and disinformation around the need for RSE. The truth is that it is about age-appropriate information for young people so that they can protect themselves and others and understand consent and respect for personal boundaries.”
“If we want to end violence against women and girls, it is important that we move upstream and start to tackle the attitudes, the entitlement and the violent culture in parts of our community that allow that behaviour and enable it to persist. We are not doing women and girls a service by simply talking about attacks after they have happened. We need to focus on how we prevent those attacks.”
“I understand that the PSNI has increased high visibility patrols and police presence in the area to reassure women in the community that there is no place for violence against women and girls and to provide the reassurance that people will be safe. <BR /> <BR />There are ongoing conversations all the time, whether with the Executive Office, my Department, the PSNI, Women's Aid or lots of other organisations. I have met most of those organisations in the past couple of weeks to have further conversations about how we can better protect women and girls. By the time we deal with this through the justice lens, someone has already been subjected to a horrific attack. People are already living in fear.”
“<BR /> <BR />I have to acknowledge, however, that the PSNI is operationally independent, and it is important that I recognise that.”
“I appreciate what the Member said, but she will appreciate, having previously served as the Justice Minister, that it would be inappropriate for me to engage with the PSNI directly on how it polices any particular crime or set of circumstances. It would be particularly inappropriate to do so now, given that these are live cases. It is important that I allow the police to do the work that they have to do and allow them to be led by the evidence and where it leads. We can, however, demonstrate collectively that we wish to protect women and girls from this kind of violence. We can work with the PSNI and the rest of the Executive on budgets to ensure that there is a police presence and that the reassurance on the ground that is required in the aftermath of such attacks is there.”
“Our governance structures will ensure the alignment and support of ongoing joint efforts to protect everyone. What we can do best to reassure people at this stage is to move upstream and tackle the underlying causes.”
“The interdependencies between that strategy and the strategic framework for ending violence against women and girls (EVAWG) are evident. However, given that women and girls are disproportionately affected by domestic and sexual abuse, the two are complementary, albeit we must always recognise that not all victims of violence against women and girls are abused in a domestic setting and that not everyone abused in a domestic setting is a woman or a girl. All efforts made to address domestic and sexual abuse under the strategy will, however, directly contribute to the broader goal of ending violence against women and girls. <BR /> <BR />My officials worked closely with the Executive Office on the development of the EVAWG framework, and we are committed to continued collaboration and partnership.”
“I was shocked and saddened to learn of the attacks on two women in Derry/Londonderry over the past weekend. Rightly, we are all deeply concerned about the increase in incidents of violence against women over recent times. We must all do everything in our power to challenge and change the attitudes and behaviours on which those are predicated. There has to be a collective effort from across society and across government to address those important issues. <BR /> <BR />Work is ongoing to reduce risk and contribute to an end to violence against women and girls. That includes work under the domestic and sexual abuse strategy. Led by my Department and the Department of Health, that was launched by the Health Minister and me on 25 September 2024.”
“<BR /> <BR />As no one has raised any questions, I simply impress on Members the importance of passing the motion and, hopefully, expediting work on the Justice Bill, which will allow these provisions to fall and enable us to rely on permanent alternatives.”
“I thank Members for their contribution to today's debate on the order. It is, hopefully, reassuring to the wider audience that we can achieve consensus in the Assembly for a common purpose, which is to provide the best possible access to the justice system that we can afford, given our budgetary pressures. Retaining the availability of the provisions as a temporary measure benefits those who come into contact with or need to avail themselves of our justice system by making use of technology, where it meets the needs of the court and tribunal users, as well as being in the interests of justice.”
“The use of the provisions aligns with commitments made or reflected in the Victim Charter. Therefore, I commend the approval of the order to the Assembly.”
“The length of time that they have been before the courts and the time required to complete them can, in part, be directly attributed to the actions required to be taken in the criminal courts in response to the pandemic. <BR /> <BR />The Commissioner Designate for Victims of Crime and nearly all the 41 other respondents to the Department's 2023 engagement exercise supported continuing to extend the live links provisions. Their responses highlighted the multiple benefits, including reducing the impact on those involved in court proceedings when going through what is already a stressful event, avoiding children and their parents having to be in separate locations while waiting to give their evidence and saving time and resources, particularly for expert witnesses, while contributing to reducing the carbon footprint.”
“The recognition by Members in those debates of the clear need for the temporary provisions to be maintained while my Department continues to manage the effects of the pandemic in the criminal courts, especially at a time of scarce resources, is much appreciated. <BR /> <BR />I share the concerns that Members have expressed about relying on emergency legislation and remain keen to have the new legislation in place as soon as reasonably practicable. From the contributions of Members in previous debates, I believe that they recognise and accept the reality that there is no practicable alternative to continuing to rely on the provisions as a temporary measure while there are cases across the criminal justice system that have been active for over three years.”
“The extension will allow us to maintain access to live links provisions that have proved to be an essential element of the toolkit for addressing the backlog of cases accrued during and since the pandemic to 24 March 2025. <BR /> <BR />Members will recall from the debates on similar motions put forward for approval in March and May 2024 that we are planning to put in place new primary legislation while the extensions allow us to maintain efficacy in the system. Since the previous debate, we have published details of the proposed way forward for the future use of live links in a report available on the Department's website.”
“Thank you, Mr Deputy Speaker. I seek the Assembly's approval for the Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) (No. 2) Order (Northern Ireland) 2024. <BR /> <BR />Article 2 of the order extends the provisions allowing courts and statutory tribunals in Northern Ireland to receive evidence wholly or in part using audio- or videoconferencing systems but primarily video. Those systems are commonly referred to as "live links" and facilitate the attendance of persons participating in any court or tribunal hearing remotely where the judge is satisfied that it is in the interests of justice as opposed to the use of a video link's being restricted for a specific witness or defendant with all other participants attending in the courtroom.”
“<BR /> <BR />I am therefore very sympathetic, particularly when it comes to newly qualified solicitors and barristers trying to build, establish and sustain themselves. The environment can be challenging, and I am committed to doing what I can to ensure that young and talented practitioners can develop and progress and that they receive equality of opportunity. The regulatory bodies themselves also need to take proactive steps, however.”
“Ensuring that we have a robust and enduring profession is not a matter for the Department of Justice alone, however. There must be fair payment for work that is undertaken, but there must also be a proactive approach taken to succession planning, and diversity must be promoted and supported. There is a significant role for the profession in ensuring that training models build capacity and support inclusivity. Custom and practice can help ensure that the newly qualified, for example, build experience in income management and that career paths are not compromised because of breaks in service. We need to nurture talent and ensure that the right support, advice and representation is available at the right time and that those who are supporting the delivery of justice are reflective of our society.”
“I am already on record this afternoon as saying that a thriving legal profession is critical to having effective access to justice. I am conscious that fair remuneration is essential to ensuring robust and enduring representation. I have had the opportunity to discuss concerns about financial issues with the professional bodies and with Judge Burgess. I have also considered the issues in his report and am now considering potential actions to ensure the sustainability and viability of the system as part of a reform programme. My delivery plan will also prioritise areas in which progress can and should be made. <BR /> <BR />That is the role that I have taken on. It has been a priority for me. We have been doing work on that over recent months, and it is important to me.”
“To be clear, in the Chamber, I have not attacked anyone for taking legitimate action to withdraw services. People have a right to strike, and I have not attacked anyone for doing so. I have set out the consequences of people's doing so, which, as Justice Minister, I do not think is unreasonable for me to do.”
“Last year, we spent more on legal aid than in any other year.”
“No, I cannot because the granting of legal aid does not lie entirely with my Department. Some of it is at the behest of the judiciary, and some of it will be at the behest of LSA. Therefore, I am not able to give a complete figure to show why there has been any reduction. We are only part way through the year, and, as I said, we have secured already £109 million in-year for funding for legal aid.”
“As I said, the first people who will see the Burgess report and all of the supporting information in respect of the evidence base that I will use to make my decisions will be the Committee and the House, as is appropriate. Beyond that, it will then be shared officially with others, although, as I stated, some Members will have had sight of it simply through the direction of the court.”
“First, my Department has no policy to delay the payment of legal aid, and I want to put that on record. Secondly, I am not going to comment on payment times, as that matter will be considered by the court in the coming months. I can say that securing an appropriate budget allocation for the justice system, including legal aid, will support reductions in payment times.”
“If anything will destabilise the justice system, which is already fragile, it will be the imposition of additional pressures as a result of the impact of strike action. We need to work collaboratively towards a solution that is sustainable for the long term and, hopefully, will work particularly for our constituents but also, I would hope, for the profession.”
“We have tried to do a number of things in our ongoing engagement, including our reassurance about the payment of legal aid and the work that we did earlier in the year and since I came back into office to ensure that we could pay legal aid bills and continue to do so. The evidence is that we have made bids in our engagement with the Department of Finance for additional resource and have kept the Law Society and the Bar Council abreast of our plans to introduce a comprehensive review of legal aid that they will be able to engage with through a consultation process. <BR /> <BR />I have also written to the Law Society, the Bar Council and others to say that I am willing to engage with them further, because it is important that we avoid further legal action. I do not want unnecessary delays in the justice system.”
“I have followed best practice because best practice is that, if you are coming up with a comprehensive response to the system, you produce it all at once and not in small chunks. To produce any of the findings that we have in isolation would not give Members the opportunity to look at the interconnections in the justice system and, indeed, in the legal aid system. Therefore, it is best practice that a Minister should consider and reflect on what is reported to her, should test the robustness of the evidence and, where necessary, should seek additional information. She should also engage with other professionals who will have input to make, come to a considered conclusion and then bring that, first and foremost, to the House. It is to the House that I am accountable, not to other bodies outside of the House.”
“The 40 cases in which Victim Support was due to help victims and witnesses will now need to be rescheduled. They include offences such as sexual assault, threats to kill and rape. Delaying those cases only extends the trauma and mental anguish being suffered. Civil and family courts have proceeded as normal. Today is the opening week in four areas so there will be significant business taken forward in the County Courts. Unfortunately, the withdrawal of services in these circumstances is impactful on victims and on the backlog in our courts.”
“The number of proceedings in a Crown Court in any one day is very fluid, so it is difficult to know what cases would be delayed or postponed solely due to strike action. However, any additional delay is impactful. Members will be aware of how stressful people already find it to have a case go to court, and then to have delay that is, perhaps, unscheduled is a stressful situation. The late notice from the Solicitors Criminal Bar Association is particularly concerning because there was not the same lead-in time to prepare. <BR /> <BR />The Lady Chief Justice, however, has encouraged judges to exercise their discretion when determining whether it is in the interests of justice for the affected cases to proceed in the absence of counsel, so that option is available to the judiciary.”
“The primary role of legal aid is not to fund barristers and solicitors; it is to pay for access to law for members of our constituencies who are unable to pay for that access themselves. Therefore, it is important that we always temper our concerns around the effectiveness and efficiency of the profession and around the thriving profession, which is absolutely critical to being able to access justice, with the reality that it is for their client to pay them. It is our job to ensure that the clients, where they do not have the means to pay, are able to access legal aid to do so. That is a slightly different relationship from the one that is sometimes portrayed.”
“I have always been clear, as Minister, that I view legal aid as part of our welfare system. It is part of the safety net that is there to protect us when we cannot afford to access services ourselves. Therefore, it is important that, when people have an essential need to access justice, they are able to do so, irrespective of means. That is an important element of legal aid. I remain committed to that principle. <BR /> <BR />Legal aid is primarily about funding the applicant or the respondent in a case. Whilst the viability of the profession is absolutely critical in access to justice and fair remuneration is part of that, it is also important to recognise that it is not the primary role of legal aid.”
“It was dispersed across Education and Health, and therefore we were not able to make the kind of recovery that we had hoped for. We have also been speeding up justice, so we have been working on committal reform in order to speed up the most serious cases such as rape and murder. However, that process is an ongoing one, so it requires transformation and change. That is another reason that it is important that the legal aid system keep pace with the other transformational changes that we are making in the legal system.”
“The scheduling of criminal cases is a matter that falls to the judiciary. There are many reasons why the justice system in Northern Ireland takes longer to reach completion than our counterparts in England and Wales, but not all are relevant to the particular issues that I have raised today. <BR /> <BR />There is an issue where earlier guilty pleas happen in other parts of the UK. We saw that most recently in the serious rioting. The majority of cases that have reached conclusion and sentencing were through early plea, rather than through the full court process. That is less likely to happen in Northern Ireland than in other regions. <BR /> <BR />There are other issues: for example, the backlogs from COVID. When we got some COVID recovery money, we did not get the full impact of that in the Department of Justice.”
“<BR /> <BR />I want to reassure practitioners that, when we said that we were going to do this collaboratively and comprehensively, that is exactly what we meant. However, it is right that, when I make significant announcements that pertain to the business of the House, I do it in the House and not to any one or two stakeholders. The majority of stakeholders in the legal aid system are the public, who need access to justice, and, therefore, it is their representatives who I must first address in the Chamber before I address others.”
“It has always been my intention to come forward with a full proposal that will look at criminal and civil legal aid in the round and look at the other matters that I mentioned in my previous answer. It is important that we take the time to do that properly, and it is important that we focus on ensuring that, when we do come forward with that, we are able to consult on the proposals that I have made. To look at any aspect of this alone, without looking at the potential repercussive effects and the potential knock-on implications in other parts of the justice system, would be flawed. Therefore, we have taken a comprehensive approach, and I hope to come to the Chamber on that in the next few weeks.”
“The purpose of the review, however, is to ensure that we place criminal and civil legal aid, the system of taxation, civil justice modernisation and statutory registration on a sustainable footing. It is important that we do the proper groundwork to prepare the way for that, because it is large, wide in scope and complex, but it is also essential to the sustainability of the service.”
“I have already set out that we spent more on legal aid last year than in any other single year. I find it hard to understand how the Deputy Chair of the Committee could call that a collapse of the legal aid system. We spent £114 million last year and, thus far, have secured £109 million for this year, so far from us not being able to fund legal aid, we continue to prioritise it in our budget. However, no, I cannot give an undertaking to ring-fence any part of my budget because I have to make sure that, at the end of the mandate, my budget is balanced. <BR /> <BR />I would certainly welcome the support of other Members, when it comes to the distribution of funds across Departments, for there to be a larger allocation for the Department of Justice so that we can do more, not only for legal aid but across the wider spectrum.”
“My intention from the outset was that the Burgess report would go to the Committee along with the rest of the recommendations that I hope to bring to the Chamber in due course, hopefully in the short term. It is true that a select number of members of the Bar and the Law Society have had access to the Burgess report under the direction of the court. I had no hand in whether or not that would occur.”
“I have been clear that I think that the industrial action is premature, because we are working through a process. I have met the Bar and the Law Society, and my officials meet them on a regular basis. However, we are now at a point where industrial action has started, and I am focused on trying to ensure that we get to a point where that can end.”
“The reason I am here is to address the industrial action, which explains the timing. However, in previous weeks, I notified the Assembly that we are working through a process to look at the review of legal aid, including Tom Burgess's report and a number of other factors that will feed into that. My statement is about reassuring Members that we are nearing the end of that process. It has been clear in all my engagements in the Assembly that my intention is to provide a comprehensive proposal when we bring the matter to the Chamber.”
“For those victims and witnesses who are ready to give evidence and are waiting to be heard, the uncertainty caused by the strike action will only add further stress and anxiety at an already very stressful time. I trust that those taking industrial action today will reflect on that impact. They say that the system is broken, but they are aware that I am working hard to progress reform and deliver a more effective and efficient system for those whom we serve. Precipitous action that distracts from that work does nothing for vulnerable people or to address the challenges to the system. My focus will continue to be on constructive action to drive constructive change in order to ensure that the system is accessible, fairer, more proportionate and responsive.”
“<BR /> <BR />The Bar Council and the Law Society are also aware that the Department has been working to secure a more sustainable budget and that additional funding has been secured to meet current pressures. The legal aid budget at the start of the financial year was the highest opening allocation in the history of the legal aid scheme. I also secured an additional £7·4 million for legal aid through the June monitoring round, which brought the budget to just under £109 million. That follows a spend last year of £114 million. <BR /> <BR />Criminal practitioners' decision to withdraw services is therefore premature and deeply disappointing. I am acutely aware — as, I am sure, are many Members — of the potential adverse impact on those who will now have to wait another day for justice.”
“The next stage is to share the outworking of evidence and analysis, and we are quickly nearing that point. <BR /> <BR />As I mentioned, I have also been keen to ensure that the role of the Assembly is respected and that my proposed programme, and the evidence that informed it, is shared with Members in the first instance. I will do that shortly. Stakeholders, including the Bar Council and the Law Society, are aware of that intention. My officials and I have been in regular contact with those bodies while the programme has been under development, and they have been aware that decisions and a prioritised delivery plan will be published for consultation shortly.”
“<BR /> <BR />While some professionals working in the system may specialise and, of course, want to highlight challenges with the system that they see or that affect them, the system itself is interconnected, and the linkages and repercussive impacts need to be properly assessed. Officials have been focusing on that analysis since Judge Burgess submitted his report on 23 August this year. Costs and implications have had to be analysed, and the robustness of evidence has had to be tested. Strong policy requires vigorous assessment. That work has not been done in isolation. We have reflected on the evidence that was submitted by stakeholders, including members of the Bar Council and the Law Society. They had an opportunity to submit views, and we have listened.”
“It is clear that there are opportunities to resolve matters outside the court — for example, through mediation — that can provide better outcomes for victims, families and perpetrators by reducing further trauma, increasing perpetrators' understanding and potentially reducing the risk of reoffending. It is critical, therefore, that I consider the whole system. To enable effective and prioritised decisions to be made, it has been critical to take the proper time to analyse and assess the implications of all the evidence, including the Burgess report, in the context of the wider programme and wider departmental pressures. A holistic approach has been critical to ensuring that some services are not being resourced at the expense of other more valuable actions.”
“It has been critical to listen and learn from what those using the system tell us about their experience; hear victims, witnesses, applicants and respondents and reflect on how the system and those whom we fund to support them meet their needs and expectations; and understand how and when they want to resolve disputes, receive information and engage with professionals in the system in order to learn whether justice is being served and whether we are providing high-quality services. <BR /> <BR />My focus is on ensuring that the right people have access to justice at the right time and that their issues are dealt with quickly by the most efficient means possible. I have listened to the users' experience and the views of practitioners.”
“We need to nurture and attract talent to ensure that the right advice and representation are available at the right time. That is essential to the future viability of the system, but to consider remuneration in the absence of wider issues would be to fail in my Department's responsibilities for ensuring access to justice and value for money. An effective system is not contingent on legal aid rates alone. Fees and access to justice should not be confused. Access to justice is defined by many different factors and delivered through many different mechanisms. <BR /> <BR />It was also critical that we examined what could be learned from other jurisdictions, including those that have different delivery models to enable access to justice and that deliver at lower cost.”
“<BR /> <BR />Work has been informed by a number of actions and sources, including stakeholder engagement, previous reviews and existing data, a call for evidence on the foundational review of civil and legal aid and the foundational review of criminal legal aid that I commissioned His Honour Judge Burgess to lead. I understand the interest that members of the legal professions and other stakeholders will have in that ongoing work and, in particular, the interest that criminal practitioners will have in the fundamental review of criminal legal aid. However, risk is attached to examining aspects of the programme, and, indeed, to looking at criminal legal aid rates in isolation. Legal advice and representation will always be critical components of an effective justice system. I am committed to ensuring that there is fair remuneration.”
“We also need to ensure that we satisfy the requirements of good governance and that fees attached to actions add value, meet the needs of the most vulnerable and are quality assured. I have therefore undertaken a detailed assessment of how resources are currently used and of reform opportunities so that I can be assured and can provide assurance that resources are used to best effect where they will generate the best outcomes for citizens. I am pleased to report that the process is coming to an end. I expect to update the Assembly on the detail of my reform programme in the coming weeks.”
“In the interests of ensuring that we deliver the best possible outcomes, there is a need to look critically at that investment: to examine why pressures and spend are increasing; to review benefits; and to assess whether intended effects are being achieved and whether different delivery models might generate better, quicker outcomes. <BR /> <BR />We are lucky that our justice system is supported and enabled by a wealth of talent and ability. Hard-working staff in the Courts and Tribunals Service, a strong independent judiciary, a capable legal profession, a committed and driven voluntary sector and a range of other professionals are all dedicated to ensuring that access to justice is protected and delivered. However, society evolves. User needs and expectations change. Technology offers new opportunities.”
“<BR /> <BR />The action by criminal practitioners reflects frustrations in the system. I share those frustrations. My Department has been consistently underfunded, and I have been arguing for additional funding for some time. However, I am conscious of the need to also consider how we use the resources that are at our disposal. Pressure on the legal system is at an all-time high and increasing. In 2023-24, the Legal Services Agency paid out approximately £114 million to legal professionals, which is the highest level in the history of legal aid.”