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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“There are two separate issues, and it is important to disentangle them. One is the wider review of criminal and civil legal aid, which is ongoing. Judge Burgess has provided a report on that, and it will look at the taxing master as one issue. There is a slightly separate issue on where the taxing master, as currently constructed, can use their powers. I have to say that you are not the only person who finds what the taxing master does confusing. It is one of the most opaque processes that I have come across, and one of my reasons for looking at its reform is my belief that all public money should be transparently and openly accounted for.”
“I am pleased that the Member has given way. How can the amendments be late, given the fact that Bills are amended at Consideration Stage and that this is the Second Stage of the process?”
“It is incorrect to say that, in the absence of an Assembly, officials were able to continue to work on proposals. They could work on some proposals, but, as with all Bills, they require ministerial direction on matters that are politically sensitive. Therefore, it was not possible to draft the legislation directions without a Minister present. The myth that the two years wasted has no impact on the mandate needs to be debunked.”
“I thank the Committee Chair for giving way. Will she accept that the provisions of the Justice (Sexual Offences and Trafficking Victims) Act were in the Bill as introduced? The relationship between that Act and an amendment is irrelevant.”
“I am conscious that my first Bill of the mandate is significant in scope and covers a broad range of policy areas, some of which are complex and technical but all of which make an important contribution to the modernisation of justice. In practice, there is a degree of interaction between the aims and provisions of the Bill that will often advance more than one of its core aims. I look forward to working with the Justice Committee and Assembly colleagues to ensure that the Bill is enacted in this mandate. I commend the Bill to the House.”
“<BR /> <BR />My commitment to the Justice Committee is that we will share draft amendments with it at the earliest possible juncture, rather than wait until Consideration Stage. Given the shortened mandate and the discrete nature of the provisions in the different sections of the Bill, proceeding with introduction at this time, as I described, affords the Committee and the House the maximum opportunity for scrutiny without jeopardising progress and the rest of the legislative programme for the mandate. <BR /> <BR />The Bill, though very technical and dry, will strengthen and improve the operation of our justice system.”
“Next are provisions to streamline arrangements for the maintenance and ease of understanding of the existing list of over 1,200 sexual and violent offences that AccessNI cannot filter from disclosure certificates. Those offences are housed in a number of different pieces of legislation. That is incredibly complex and, we believe, open to particular error. We are therefore keen to streamline those arrangements for transparency and clarity reasons. Finally, we hope to introduce provisions to tackle those who participate in or direct serious organised crime. Those are long-overdue provisions that the Independent Reporting Commission recommended to assist the PSNI and the criminal justice system in responding to organised crime.”
“The second area covers provisions to amend rehabilitation periods under the Rehabilitation of Offenders (Northern Ireland) Order 1978 to shorten existing rehabilitation periods for convictions that are already capable of becoming spent and to allow more convictions to be able to become spent. It had been hoped that that could be done by regulation. However, that has not been possible, which is why the drafting of primary legislation is under way. There will be provisions to facilitate the wider use of live links in courts and tribunals, thereby allowing the cessation of reliance on similar provisions that are in the Coronavirus Act 2020, which, I think, all Members would welcome. Next are provisions to repeal old and outdated vagrancy legislation under the Vagrancy Act 1824 and the Vagrancy (Ireland) Act 1847.”
“<BR /> <BR />That concludes my remarks covering the substantive policy content of the Bill at introduction. However, with your indulgence, Mr Speaker, I want to take the opportunity to provide Members with a short overview of a number of discrete policy areas where I intend to bring forward legislative provisions for inclusion in the Bill, albeit drafting could not be completed before introduction. <BR /> <BR />The provisions include the following: first, provisions to transfer the powers and functions contained in section 43 of the Justice and Security (Northern Ireland) Act 2007 from the Secretary of State to the Department of Justice in order to restart the accreditation process for organisations wishing to deliver restorative justice.”
“The provisions are required to comply with a ruling made by the UK Supreme Court in January 2019, which determined that blanket disclosure of such offences was a category error and, as such, an error of principle. Clause 29 therefore ensures that the Department continues to operate lawfully in that regard. <BR /> <BR />Finally, on the provisions of the Bill as drafted for introduction, clause 30 ensures that the exercise of court security officer powers may be extended to other buildings to be specified in regulations. Those must be buildings owned or occupied by the Department where a judicial officer or person exercising judicial or quasi-judicial functions sits. The provisions will ensure that those premises are afforded the same security as premises that make up the main courts and tribunals estate.”
“<BR /> <BR />The penultimate provisions, at clause 29, are concerned with criminal record certificates and the disclosure of spent convictions or other disposal information of a person aged under 18. The provisions of clause 29 extend the powers of the independent reviewer of criminal record certificates under schedule 8A to the Police Act 1997. They extend the scope of automatic review by the independent reviewer to review the criminal record information to be disclosed on all criminal record certificates or enhanced criminal record certificates issued under the 1997 Act where that information relates to any other disposal awarded to a person when they were under 18 years of age.”
“The person who receives legal aid, known as the assisted person, can become liable for the statutory charge should they gain money or property that they did not own before or keep money or property that someone had tried to take from them. <BR /> <BR />Clause 28 is an amendment to the Judicature (Northern Ireland) Act 1978 to reinforce that, where a basis for determination of payment for legal aid work has been set out in a remuneration order made under the Access to Justice (Northern Ireland) Order 2003, the taxation process is not available as an alternative basis for that determination. The amendment will allow for the reform of taxation of legal aid costs, the basic principle being that, if the Department is paying, the Department determines the amount.”
“Clause 27 is a technical amendment to schedule 11 to the Land Registration Act (Northern Ireland) 1970 to include legal aid legislation. Schedule 11 allows for the registration of statutory charges in the statutory charge register. Also, the proposed amendment would allow the Legal Services Agency, which administers legal aid in Northern Ireland, to register such charges, created by the legal aid legislation, in the statutory charges register. The purpose of the statutory charge is to ensure that legally aided persons contribute towards the cost of funding their cases insofar as they are able. It provides the Legal Services Agency with revenue that it is allowed to keep and use for the funding of future cases.”
“Registered intermediaries are communication specialists who assist vulnerable persons with communication difficulties to give evidence during the police investigation and in court. The extension of powers in the use of registered intermediaries will ensure that there is provision not only for the giving of evidence at Magistrates' Court and Crown Court, which is currently provided for in the Criminal Evidence (Northern Ireland) Order 1999, but where there is an appeal from those court tiers to the County Court or the Court of Appeal. That will provide vulnerable defendants who have communication difficulties with the assistance that they need to participate effectively in appeal proceedings as witnesses giving oral evidence in court. <BR /> <BR />Clauses 28 and 27 deal with legal aid matters.”
“Clause 25 amends section 7 of the Domestic Violence, Crime and Victims Act 2004 to provide that a judge can enter a no bill on a charge such as murder or manslaughter only if the judge also enters a no bill on the related charge under section 5 of the same Act, which relates to causing or allowing a child or vulnerable adult to die. The provision closes a gap in the law that, if not addressed, could see defendants not having to face criminal proceedings in relation to that charge even where the judge is not satisfied that the related section 5 offence — the lesser offence — should also be no-billed. <BR /> <BR />The final provision in this section is clause 25, which deals with registered intermediaries.”
“However, the provisions at section 30 of the Act would remain in place should an examination of the board's compliance with section 28 ever be required. <BR /> <BR />The next three clauses all deal with criminal proceedings. The first of those provisions, at clause 24, amends existing legislation relating to conspiracy to commit offences outside Northern Ireland. The amendment corrects an error in the previous provisions to provide that the consent of the Advocate General for Northern Ireland is required when instituting criminal proceedings in Northern Ireland, as intended.”
“Those include a number of decision-making roles on matters such as pensions forfeiture, ill-health retirement, injury on duty and other miscellaneous benefits. That arrangement is necessary for practical reasons, given the volume of casework involved and the number of decisions required to be made in a timely manner. <BR /> <BR />Clause 23 will remove section 29 of the Police (Northern Ireland) Act 2000, which requires the Comptroller and Auditor General (C&AG) to audit the Policing Board's performance plan and performance review. The amendment is being made following a recommendation by the former Comptroller and Auditor General and would bring the position in Northern Ireland into line with that in England and Wales.”
“All of the proposed functions in the use of live links are already available to police forces in England and Wales by virtue of the Policing and Crime Act 2017. I am keen to facilitate similar arrangements in Northern Ireland not only for the reasons that I have outlined but to avoid putting the PSNI at any disadvantage compared with its UK counterparts. <BR /> <BR />Part 4 has five components that share a common focus on the administration of justice. The first of those provisions, at clause 22, seeks to amend the Police (Northern Ireland) Act 2000 to provide the Northern Ireland Policing Board with the power to delegate certain matters to board officials in response to the judgement in the case of McKee and Others v the Charity Commission for Northern Ireland.”
“<BR /> <BR />The provisions are part of the Department's digital strategy, and we are keen to facilitate the use of live links in as wide a range of circumstances as is appropriate. Live links are already used in courts for a wide range of functions, including preliminary hearings, certain sentencing and appeal hearings and the giving of evidence by vulnerable witnesses, defendants and appellants. The prisons and courts also regularly use live links for remand hearings. Operationally, the introduction of live links for police detention and interviews will mean that they can be dealt with more swiftly. That will result in a more efficient use of police resources. The use of live links could also result in efficiencies in travel and escort costs.”
“The provisions also set it out in statute that, where a court remands or commits a child to custody, the child must be detained in a child-appropriate location — that is a juvenile justice centre. <BR /> <BR />The amendments to PACE in clauses 20 and 21 will enable videoconferencing technology, referred to as "live links", to be used for a number of custody functions. Those functions include the extension of detention by both the police and the courts and police interviews with the suspect. Additionally, the provisions make minor amendments to PACE to replace any references to "videoconferencing" with "live link", thus ensuring the continuity of terminology throughout PACE legislation.”
“The provisions ensure compliance by strengthening the existing presumption of bail for children and introducing unconditional bail as standard and a requirement that any conditions applied should be proportionate and necessary. They introduce specific conditions that must be met before a child can be remanded into custody and underpin the current administrative arrangements that exist around the separation of children and adults in custodial settings. The underpinning of current administrative arrangements will be achieved through the replacement of two existing youth-specific custodial orders, which are also location-specific, with a new youth custody and supervision order.”
“During the recent drafting process, my officials identified some amendments and additions that are needed to provide greater clarity and ensure the effective operation of the provisions. I intend to table those amendments at Consideration Stage. Members will, of course, be aware that the clauses were originally drafted some time ago for inclusion in a mixed-content Bill in the last mandate. It was through the revision of those that we found further room for improvement. <BR /> <BR />Part 2 contains provisions to amend existing legislation and covers bail, remand and custody for children in order to enhance compliance with article 37 of the United Nations Convention on the Rights of the Child (UNCRC).”
“<BR /> <BR />The Bill also contains provision for the appointment of a new Northern Ireland Commissioner for the Retention of Biometric Material. That will provide important independent oversight of the operation of the new retention framework and review process. The commissioner will also have responsibility for keeping under review emerging biometric technologies that are being used or may be used by the PSNI. That is a balanced and proportionate approach. It responds to the European Court's rulings and protects the individual's right to privacy. It also recognises the public interest in enabling the police to make effective use of biometric data in protecting the public and in the prevention and detection of crime. <BR /> <BR />Members will appreciate that this is a complex area.”
“Therefore, it is necessary to revisit the legislation and produce amended proposals for consideration by the Assembly. <BR /> <BR />Part 1 of the Justice Bill will amend the current law by removing indefinite retention and introducing maximum retention periods for biometric material taken in Northern Ireland. The retention period will depend on a number of factors, including the seriousness of the offence, the age of the individual, the individual's criminal history and the disposal given. In general, if the individual is not convicted, their material will not be retained. The Bill will also introduce a regulation-making power that will require the Chief Constable to carry out a meaningful review of long-term retained biometric material. The review process will include an independent complaints process.”
“<BR /> <BR />The current legislation has been found in two separate judgements of the European Court of Human Rights to be in contravention of article 8 of the European Convention on Human Rights (ECHR). The first judgement dates back to December 2008, Marper v UK, whilst the latest judgement was delivered in February 2020, Gaughran v UK. The Criminal Justice Act (Northern Ireland) 2013 was passed by the House on 25 April 2013 in response to the Marper judgement. However, it was not possible to commence those provisions due to the need to preserve biometric material that may be required for future legacy investigations. The Gaughran judgement has since resulted in elements of the 2013 Act being assessed as not being compliant with the European Convention on Human Rights.”
“The second is to make changes to bail and custody arrangements for children and young people. The third is to improve services for victims and witnesses. Finally, the fourth is to improve the efficiency and effectiveness of aspects of the justice system. <BR /> <BR />Part 1 of the Bill creates a new framework for the retention and destruction of DNA and fingerprints in Northern Ireland. Article 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (PACE) is the current legislation in Northern Ireland governing that. It provides that the PSNI may retain the DNA and fingerprints of an individual who has been arrested for a recordable offence indefinitely, irrespective of whether they were convicted.”
“Thank you, Mr Deputy Speaker. I am pleased to do this a second time. <BR /> <BR />I am pleased to bring the Justice Bill to the Assembly today. On my reappointment as Minister of Justice in February 2024, I agreed my legislative programme to continue reform of our justice system into a better system for everyone concerned. That includes this general justice Bill, a sentencing Bill and a victims Bill. The mixed-content Justice Bill before the Assembly today is another step forward in that reform programme, and I am committed to improving the operation and effectiveness of the justice system through this wide-ranging legislation. <BR /> <BR />The Bill consists of 34 clauses over five Parts and has four key principles. The first is to amend the retention periods for biometric material.”
“I am pleased to bring my Justice Bill before the Assembly today. On my reappointment as Minister of Justice in February 2024 —.”
“Without access to advice on what the legal system might involve or require and on their rights as they navigate it, we add to victims' anxiety and contribute to their reluctance to engage. It is important that we are able to provide that access. Beyond that, we will look at how we can have a right to be heard in the court itself. At the moment, it is for pre-trial, so, for specific pre-trial hearings, those legal advisers would be able to attend court and be heard with the victim.”
“Yes. Sir John Gillen recommended that publicly funded, independent legal advice should be made available to all victims in cases of serious sexual offences. We introduced the SOLAs scheme as a response to that. Feedback has been overwhelmingly positive. I was really pleased to confirm that, as part of the recommendations of the strategy's action plan, we will now launch an equivalent but specific service for children and young people. The application process for the legal adviser positions that are available closes on 1 October. <BR /> <BR />The impacts of such violence on children are, understandably, more extreme. When I met families of young victims, I was told directly how challenging it was to engage with the criminal justice processes.”
“It will offer members of the voluntary and community sector the opportunity to apply for funding to support new ideas and initiatives that align with our strategic objectives in the strategy. The grants will initially be drawn from our cross-cutting domestic and sexual abuse funding, with the goal of supporting vital work carried out by front-line organisations. We will also work closely with Executive Office colleagues to ensure that there is no duplication but, rather, that we reinforce the same messages as we try to end harm in our communities.”
“On 25 September, the Minister of Health and I announced the launch of the seven-year domestic and sexual abuse strategy, jointly led by the Department of Health and the Department of Justice. It was launched at an event hosted by the NSPCC and attended by those in the voluntary and community sector who helped to shape the strategy, along with departmental officials. One reason that we went to the NSPCC was that we recognise the impact that domestic and sexual violence has on children and young people. The strategy is closely aligned with the Executive's ending violence against women and girls strategy, but, importantly, it is gender-inclusive. <BR /> <BR />I also announced the introduction of a small grant scheme that we will build on if and when further funding becomes available.”
“The ideal situation would be that we know in advance where every prisoner will live and have them preregistered with a GP so that, when they leave, they can receive any medication and have access to the therapeutic services that they received in prison. Unfortunately, however, that is not currently the case.”
“That transition has historically been one of the difficult parts of the system. Whilst we do a lot of work to ensure that there is a proper transition for people leaving custody, including having accommodation and support in the community, it is not always a seamless process. Unfortunately, for many prisoners, when they go back into the community, they have to find a GP, because they do not know where they will be living. They then have to be referred by their GP to mental health services. Prisons are trying to look at how we can streamline those processes with the Department of Health. The same is true when it comes to housing.”
“<BR /> <BR />There is a challenge, however, in that early intervention, alternative placements and support for those with severe mental health issues are often provided in the community, and an absence of adequate funding in that space is leading to people who have serious mental health issues increasingly being committed to prison. That is a challenge for the prison system and, in particular, the PSNI, whose officers often have to interface with people who are having serious mental health breakdowns. Therefore, we can do further work together to resolve those issues.”
“There are many areas in the justice system where the Department of Health and the Department of Justice work together. For example, we already do so in the area of domestic and sexual violence and abuse: we launched a joint strategy last week. Along with the Department of Education, we launched a further strategy on child criminal exploitation this week. There is a lot of ongoing joint work, and mental health is a key part of that. As you know, in prisons, for example, all healthcare is provided by the health and social care trusts.”
“We are being as thorough as possible to ensure that no one is missed. However, despite extensive searches, we do not yet have enough information for some individuals, and it is important that they get in touch with us to see whether they are within the scope of the Act. As for when they should expect compensation, the financial redress schemes are managed by the Department for Business and Trade on a UK-wide basis. Our focus in DOJ is on overturning the convictions and deleting the cautions. If, however, there is undue delay in sub-postmasters here accessing financial redress, I would, of course, be happy to raise that with ministerial counterparts.”
“I encourage anyone who believes that they have a conviction for a relevant offence but has not received a letter to date to contact my Department to ensure that an assessment of their conviction is undertaken. Obviously, the Act will not undo the harm and distress that was caused, but I hope that it will go some way towards lifting the burden on those affected.”
“On 19 September 2024, my Department issued letters to 12 individuals to advise them that their convictions had been quashed by the Post Office (Horizon System) Offences Act 2024. We believe that, in total, about 116 convictions have been quashed to date. That will enable those individuals to receive their financial redress. Further to those letters, the Department is coordinating the process of updating criminal records databases to reflect the quashing of the convictions. The individuals will receive a further letter once that process has been completed. Work is ongoing to review the convictions of other individuals who may be within the scope of the Act.”
“There has not been at this stage. In its regular reviews of prisons, adjudications are one of the things that the Criminal Justice Inspection Northern Ireland will look at in terms of the work that goes on in our prisons. We had a situation in 2005, when our prisons were considered to be fairly volatile and unsafe places. That is no longer the case. The progressive regime that has been put in place is one of the reasons why that has stabilised. Therefore, at the moment, it is not my intention to do a major review of that, but, if people have different experiences, we are always open to hearing about that.”
“We operate a progressive regime in the prison system in Northern Ireland, so there are rewards and penalties, depending on people's behaviour. The adjudication process happens with the governors, and there is an appeal mechanism against that. Perhaps the best thing for me to do is furnish the Member with a copy of prison rules so that she can see for herself the issues on which the prison authorities regularly adjudicate and perhaps get a better feel for how the process works.”
“We have been driving up the number of people who participate in the education system, particularly with, as I said, the more general kinds of education. We can often extend that for short-term sentencing and those on remand, but it is much more difficult, when we talk about offender-related programmes, where people are still maintaining that they are innocent and have not been sentenced. It is a challenge because, every time we move people from their cells to the education facility, it requires resource, which has to be found from somewhere. At the moment, in prisons, we are highly reliant on overtime. That is a short-term fix; it is not a long-term solution to the problems that we face.”
“We are not in the same situation as some other regions have been in in terms of, for example, having to consider early release or some of the more extreme measures, such as tripling up, in the prison system. However, we do have a prison oversight working group that is looking at how we can drive those numbers down. We also have a remand working group because, at the minute, in Maghaberry, 50% of those in prison have not yet been sentenced.”
“At the moment, the prison population sits at in excess of 1,800 prisoners. We have full capacity in Magilligan, at around 500 prisoners. We still have some capacity in Maghaberry and Hydebank. Over recent years, growing numbers of women have been committed to prison, and we are seeing a general upward trend. The reason that we have capacity in the system in Maghaberry is solely that we have been able to open two of the old square houses that had been closed. We have been able to repurpose them and bring them back into use, but it is not an ideal situation. It requires more intensive numbers of prison officers to look after the prisoners in those houses. <BR /> <BR />It is a significant challenge for the Department.”
“I do that so that I can be clear that the pathway that we have plotted is the one that is followed in real time. That is often not the case, and only some of that is down to resourcing. A significant role for my Department is to provide leadership, and we have not failed to show that leadership, supporting victims and witnesses, opening remote evidence centres and offering the support that we offer to vulnerable victims and witnesses. At the end of the day, I guess that the question is this: do people feel, at the point of sentencing, that they have got what they wanted? Unfortunately, that is often not the case.”
“No. I do not agree that there has been a lack of systemic reform by my Department, quite the contrary. In the previous mandate, we led the way on the domestic abuse offence, legislating on domestic abuse and putting forward the need for training for police officers in that legislation. That training is ongoing. That is not, in any way, to answer for the PSNI and its role, which is something that, I am sure, the Member's colleagues will take up through the Policing Board, where the Chief Constable can be questioned about policing response. <BR /> <BR />It is disappointing when people have negative experiences, which is why I spend a considerable amount of my time listening to victims of domestic and sexual violence and other crimes.”
“My Department allocates funding of around £1·8 million a year for the provision of support services to victims and witnesses through Victim Support and the NSPCC's young witness service. I will say this, however: if we had more resource, first, the justice system would speed up; secondly, people would get a resolution to their case much more quickly; and, thirdly, we would be able to provide a better service, because it is often changes made at the last minute as a result of people not being fully prepared that cause delay. All those things impact on people's view of the system. There is a huge challenge ahead, if we are to ensure that our justice system improves. It will require investment, and I have been asking for that investment for some time.”
“I am grateful to the commissioner designate for engaging with victims of crime and seeking feedback on their experience of the criminal justice system. It is essential that victims feel confident that, when they report a crime, they will have their case investigated and prosecuted, where there is evidence to support a prosecution, and that they will be treated appropriately and sensitively throughout the system. <BR /> <BR />Across the criminal justice system, a lot of work has been progressed to improve the experiences of and support for victims of crime and to ensure that they receive the services that they are entitled to under the Victim Charter. That includes ensuring that victims can avail themselves of emotional support when giving evidence, which the Department funds through Victim Support NI and the NSPCC.”
“It is also becoming a drain on PSNI resources. That is hardly helpful at a time when we need the PSNI to be actively preventing crime and dealing with serious issues rather than dealing with that kind of stupid behaviour, which is completely disruptive and unnecessary.”
“I do. It goes way beyond antisocial and veers into the space of hate crime, given the intimidation effect that it has on GAA users of the pitch. It is not acceptable and is incredibly disruptive to not only those who play GAA but those who use the pitches for other purposes and other sports. It is also incredibly disrespectful and disruptive to the children of the local nursery and primary school and their parents. Those who are behind the campaign need to catch themselves on and recognise that there is space enough in this world for us all, and that we need to respect other people's traditions and allow them to get on with their lives in peace and quiet without that disruption.”