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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“Going forward, I will continue to work with the Chief Constable to develop and present a case to the Executive for additional investment in both policing and the wider justice sector. This is not just about policing but about an essential foundation of the just and fair society that we all aspire to.”
“I am committed to supporting the Chief Constable in delivering high-quality policing across Northern Ireland. A key component of that is a properly resourced and fairly remunerated workforce. In that context, I was pleased to secure an additional allocation from the Executive in February to allow the relevant pay settlements to be taken forward. I can confirm that I have considered and approved the recommendations for the pay award made by the Police Remuneration Review Body (PRRB), and my officials have invited the PSNI and Northern Ireland Policing Board to bring forward pay remits for their respective cohorts. However, while that additional funding was very welcome, it does not address the recurrent pressure that will arise in future years as a consequence of an award this year.”
“I have not had such conversations since I returned to office, but I had extensive discussion with my colleagues in Westminster prior to the collapse of the Assembly. Obviously, the online harms Bill was one of the mechanisms identified to deal with online activity. I did not think that it went far enough and encouraged them to strengthen it further, but unfortunately that did not happen. By and large, social media and communications is a reserved matter, and, therefore, it is really only around the notifiable offences that can be undertaken either online or in real life that we will have that crossover.”
“The actions under that strategy will be funded by a cross-cutting DSA ring-fenced budget set aside by the Executive and will cross over with the Ending Violence Against Women and Girls strategy to make sure that there is not duplication and that it is streamlined.”
“As Members are aware, the domestic and sexual abuse strategy was in development just prior to the collapse of the Executive. It is now well advanced. The intention is that we will bring forward a cross-departmental strategic response to domestic and sexual abuse led by my Department and the Department of Health with input from the Department of Education, the Department for Communities and TEO. We hope to publish jointly in the next financial year, so later on in this calendar year. It will take forward a range of work to protect and support victims and to address abusive behaviours that will benefit all victims of domestic and sexual abuse.”
“Wrap-around services are not directly the responsibility of the Department of Justice. However, as you are aware, there are other advice, guidance and support institutions for victims of crime, some of which give priority to victims of domestic abuse and stalking. As part of the domestic and sexual abuse (DSA) strategy that I hope to introduce shortly with the Minister of Health, there is the possibility, obviously, for us to look into that space. Hopefully, the Executive Office's Ending Violence Against Women and Girls strategy will also be able to feed into that conversation, but it will normally be a matter for other Departments to take forward the support services rather than the Department of Justice itself.”
“In line with the reporting requirements in the 2022 Act, my officials will be working with operational partners to coordinate a detailed report on the operation of the new offence of stalking, the new offence of threatening and abusive behaviour and the operation of the stalking protection order provisions of the Act for publication later this year.”
“I am pleased to advise that the stalking protection order provisions contained in the Protection from Stalking Act (Northern Ireland) 2022 came into operation on 19 October 2023. Consideration of the circumstances in which applications may be made to the courts for an SPO are an operational matter for the police. Although I cannot comment on operational matters, I understand that each incident of stalking that is reported to the police is assessed to determine whether an SPO application should be progressed. I also understand that, while an order has not yet been made or imposed by the courts, there are currently eight cases that are under active consideration for an SPO at this time.”
“I want to reassure Members that this motion is particularly targeted at making the journey of those victims and witnesses through the justice system as stress-free as can be, to make a positive difference to them, to help us to address the challenges presented to the justice system over recent years, to contribute to the modernisation of our courts and to ensure the smart use of the resources that are available to us. I thank Members for their support.”
“In certain categories of domestic abuse cases, for example, it would place back in the defendant's hands power over whether remote access to the court is allowed. That would be a regressive step, given how far we have proceeded on that over recent years. <BR /> <BR />I hope that I have answered any questions that Members have and satisfied them of the importance of the order being approved today. As Members, we often hear victims and witnesses comment that the criminal justice system does not focus on them or work well for them.”
“I will write to the Committee well in advance of that to set out the policy approach that we will adopt. <BR /> <BR />I reiterate that we want there to be proper scrutiny of the legislation. We want the opportunity to engage with the sector, and we want what we produce to be robust. In the interim, however, it is important that we get this extension and future extensions that will guide us through to the point at which the new legislation is in place. To lose live links would not only set back the recovery of the justice system and slow down the delivery of justice; it would represent an impediment to many of the more vulnerable victims and witnesses who participate in the justice system.”
“I would much prefer to have a series of smaller thematic Bills, but the reality is that we do not have time to do that in this mandate; I wish it were otherwise, but that is where we are. <BR /> <BR />I also want to make sure that the legislation that we introduce is robust, future-proofed and takes account of learning from the past few years. It is not simply a question of replicating what was in the Coronavirus Act and turning it into primary legislation; it is a more complex piece of work. For example, we have consulted publicly and had .significant engagement with stakeholders, and, as the Deputy Chair mentioned, we have kept abreast of developments in other jurisdictions. We aim to share the draft clauses with the Justice Committee in time for them to be considered during the Committee Stage of the justice Bill.”
“It has to be done by primary legislation and therefore will take considerable time. <BR /> <BR />We also need to accommodate it alongside other legislative requirements that the Department faces. I would prefer it if new primary provision for live links were in place sooner rather than later, but the reality is that we have another shortened mandate in which to push through legislation, plus a backlog of legislative changes from the previous mandate that still need to be progressed. I have therefore approved a legislative programme for my Department that will allow us to progress those outstanding legislative changes through a mixed-content justice Bill, as well as delivering on my legislative priorities of a sentencing Bill and a hate crime Bill.”
“Thank you to the Members who participated in the debate for their contributions. The near-universal consensus of the Assembly is that we would have preferred to do this by primary legislation but recognise that it is important that we are able to maintain the provisions while that legislation is being developed. <BR /> <BR />I will touch on a number of issues. The question was asked, particularly by the Chair, about why this could not be done more quickly through having a stand-alone live links Bill. Unfortunately, unlike the Department for Communities, which has now ceased using Coronavirus Act (CVA) provisions to facilitate hybrid council meetings and is doing that through regulation, we have no other primary legislation in the justice field that would allow us to introduce similar secondary legislation.”
“I thank the Member for giving way. I am aware that that concern was raised at the Committee. I want to reassure the Committee and, indeed, the Chair and Deputy Chair about that point. It is the Department's intention to share an early draft of the regulation that we intend to bring through the legislative amendment. That will, I hope, allow the Committee to take evidence on that matter as well. It is simply to do with the finalising of drafting and the resource available, which mean that it will be delayed beyond the point at which the Committee starts its consideration. However, we hope to be able to share an early draft so that you can consult on that too.”
“Yes, it does, and I mentioned at the beginning of my speech that this is the first of a series of extensions that we will need in order to maintain efficacy in the system while we bring forward legislation. On that note, I commend the order to the Assembly.”
“<BR /> <BR />I hope that, like me, the Assembly will see the order not only as a critical component of justice recovery but as a modernisation of the justice system. Little has changed to undermine the rationale for the approach that was agreed previously with the Executive and the Justice Committee, save that we are, regrettably, two years later than I intended in progressing the Bill. I commend the approval —”
“On each occasion that we have considered making an extension, a review has been conducted of the equality, data and rural impact, and our assessment has been updated where appropriate. There has also been strong support for new primary provision to be made locally for the use of live links in the future. The benefits that are to be gained from the wider use of live links in the justice system are recognised across these islands. Greater use of live videoconferencing or TV links can reduce distress for some participants. Remote attendance can allow professional witnesses, such as police officers, social workers or medical experts, to continue working while they wait to be called to give their evidence. It can also provide a saving in legal aid costs, substantially reduce our carbon footprint and assist in speeding up our justice system.”
“Today, there are, on average, approximately 30,000 connections per month. However, that is still substantially more than was the case before 2020, when there were fewer than 100 connections per month. I am therefore extremely reluctant to lose the availability of that enhanced digital court environment, which supports the needs of court users and is based on the judiciary determining what is in the best interests of justice, rather than being dependent on the defendant's consent. <BR /> <BR />We have conducted a series of engagement exercises since November 2021. The responses on each occasion demonstrated overwhelming support for extending those provisions while the justice system is still recovering.”
“<BR /> <BR />To give a bit of the history of the provisions: since as far back as the 2015 Programme for Government, the plan has been to redesign and optimise public service delivery models. Events in 2020 simply required us to accelerate the digital modernisation programme that was under way in the Northern Ireland Courts and Tribunals Service and invest in technology needed to maintain the throughput of cases. It would be wasteful, therefore, not to optimise the investment that has already been made in the technology, especially where it can help to avoid unnecessary delay in disposing of matters before the court that the judiciary consider suitable for a live link. <BR /> <BR />At the height of the pandemic, when footfall was restricted, the number of connections averaged over 70,000 per month.”
“It focuses on the efficient administration of justice and allows the defendant to challenge the use of live links, including on grounds such as their availability, the importance of their evidence and that the defendant considers that the live link would inhibit the defence from effectively testing that evidence. That would be a backward step in meeting the needs of victims and witnesses. <BR /> <BR />During the previous mandate, all members of the Executive expressed support for not only a six-month extension in March 2022 but the proposed additional extensions that were identified as being required to allow time for a public consultation to take place and new provisions to be developed for inclusion in an Assembly Bill. The Justice Committee also signalled its support.”
“In the absence of these provisions, we would have to default to the pre-existing legislation, which is much more restrictive in the category of witness and the range of hearings to which it can be applied. More to the point, other than witnesses who meet the existing test to avail themselves of special measures, the pre-existing provisions in the criminal courts mainly concern the facility for a witness other than the defendant to appear remotely, or for the defendant himself or herself to appear remotely. The latter requires the defendant to consent. For witnesses other than the defendant, the available test is less generous to the victim and witnesses.”
“I fully understand why some Members are concerned about continuing to rely on the Coronavirus Act, and I agree that that is far from ideal. However, I have to balance that against the needs of court users, including victims of crime. The current model of live-link provisions has a particular importance for the criminal courts. The most recent update on criminal court recovery in January 2024, which is based on management information on the number of defendants actively in the court system, shows that, despite considerable efforts, there are approximately 64% more defendants in the Crown Court and approximately 43% more defendants in the Magistrates' Court, adult and youth, than there were on 1 March 2020.”
“Article 2 of the order extends the provisions that allow 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. They facilitate the wider provision of remote evidence, as well as disposing of mentions or hearings that can include matters such as first appearances and bail applications. The extension, which covers the period from September 2023 to March 2024, was to allow us to maintain access to provisions that have proved to be an essential element of the toolkit for addressing the backlog of cases that accrued during the pandemic.”
“<BR /> <BR />The modernisation of justice Bill will be introduced in the coming months, and, with the support of the Assembly, we anticipate that alternative live-link provisions will be in force by 2026. In the interim, we are compelled to rely on these provisions as a temporary measure.”
“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) 2023, which is SR 2023/138. The motion is that the order will be approved. <BR /> <BR />Two years ago, I moved a similar motion for approval on 1 March 2022. On that day, I did not anticipate that we would have no opportunity in the intervening period to bring forward alternative legislation in a Bill. It remains my intention and, indeed, my strong preference to make new primary provision for the use of live links for this jurisdiction through the Assembly, and I plan to do so using the first Bill that my Department plans to introduce to the Assembly.”
“They may, for now, be apart from our society, but they remain, at all times, a part of our society.”
“To that end, I have already raised informally with the Health Minister my intention to seek an early meeting to facilitate a discussion on how we can build on previous collaboration together and with other Ministers, including the Minister of Education, the Minister for the Economy and the Minister for Communities, to bring about more positive outcomes for adults and children who are engaged in the justice system.”
“<BR /> <BR />In conclusion, I am grateful to the Members who brought the issue before us today and who participated in the debate. While support is being provided through the registered intermediary scheme in prisons, further work is necessary to ensure that timely access is provided in the youth justice system. Greater collaboration is needed with the Department of Health on a number of key issues to improve health outcomes for those in contact with the justice system.”
“The results have been very positive. The initial trials show significantly improved levels of engagement. Pre-trial, 14% of children known to the Youth Justice Agency exited CAMHS with their aims achieved. This has risen to 88% during the first full year of the trial. We would like to identify funding to extend the trial across Northern Ireland beyond those two trust areas, but there is an issue with budget constraints. Developing and implementing a similar bespoke provision in community settings for other social care services, which are the statutory responsibility of the trusts, is not something to which I can commit, but we will continue to advocate for the young people whom we work with to receive the speech and language therapy and other services that they need to help to address their offending behaviour.”
“Ultimately, decisions on clinical priorities for health-related services are a matter for the health and social care trusts and primary care services. However, the Youth Justice Agency's staff, many of whom are professionally qualified as social workers and youth workers, will advocate on behalf of a child where they believe that it is necessary. In spite of the challenging financial landscape, the agency recognises the impact that the prevalence of mental health issues has on youth offending behaviour. Unfortunately, children who have offended often struggle to consistently access mainstream child and adolescent mental health services (CAMHS). <BR /> <BR />To address this, the agency has worked closely with health and social care colleagues to trial a bespoke co-located CAMHS service in the Southern Trust and Western Trust areas.”
“This service, Acorn, is co-funded by the Youth Justice Agency and the Department of Health and consists of a multidisciplinary team that covers a number of professional disciplines, including psychology, psychiatry, occupational therapy and mental health nursing. There are plans in train to expand the team to include speech and language therapists. That will be implemented if and when funding can be made available. <BR /> <BR />The Youth Justice Agency also carries out extensive work in community settings with children who have offended, to assist those children to avoid further offending. The agency also advocates on their behalf with relevant statutory services such as health-related services, including speech and language, to help the child to address their offending behaviour and reach their full potential.”
“The Youth Justice Agency works with children in custody and community settings, and, last year, this involved working with over 2,400 children and young people. Of these, 110 individuals spent time in a custodial environment. Woodlands juvenile justice centre is the only custodial facility for children in Northern Ireland. The Youth Justice Agency has worked closely with the South Eastern Health and Social Care Trust to develop shared therapeutic and mental health services that operate across both Woodlands and Lakewood, Northern Ireland's regional secure care centre for children.”
“The Department provides a registered intermediary on request of the PSNI, PPS or defence counsel, and approximately 1,300 requests are received each year, with about 80% received from the police. The scheme currently operates in respect of criminal cases being heard in all Crown Courts, Magistrates' Courts and youth courts. On occasion, registered intermediaries will assist prisoners who are participating in court proceedings by video link from a prison establishment. <BR /> <BR />I am sure that, when we consider young people in contact with the justice system, we all agree that this cohort requires a specific focus in order to support them to turn away from offending behaviour at the earliest opportunity.”
“<BR /> <BR />Another of the important roles that the speech and language therapists provide in the justice system is through registered intermediaries. Communication in legal settings, which was referenced by my colleague Nuala McAllister, is often complex, so the Department recruits, trains and currently maintains a panel of 35 registered intermediaries who are communication specialists from a wide range of backgrounds, including speech and language therapists and social workers. Registered intermediaries can assist vulnerable victims, witnesses, suspects and defendants with significant communication deficits to communicate their answers more effectively during police interviews and when giving evidence at trial.”
“That is what I described. The service screens for speech and language needs; that is what the service does. <BR /> <BR />In addition, speech and language therapists can provide education and support for healthcare and prison staff, as well as prison officers themselves — the people who are working daily with individuals who have communication needs. There have been examples of excellent collaborative working between the trusts and the Prison Service, which has resulted in speech and language therapy representation at prisoner safety and support meetings. Therapists also provide input when required around those held in our care and supervision units to highlight patients who have speech, language and communication difficulties and advise on how best to support them.”
“As currently delivered, the role of the service is to screen for speech, language and communication difficulties and to provide ongoing treatment and support to those who require it on an individual basis via group sessions or the provision of communication tips sheets, which individuals can use when communicating with others when the language therapists are not present.”
“Those services are commissioned by the strategic planning and performance group in the Department of Health, in conjunction with the Public Health Agency, and provided by the South Eastern Health and Social Care Trust. <BR /> <BR />In acknowledgement of the impact that speech, language and communication needs can have on a person as they go through the system, the Department of Health has increased the provision of speech and language therapists in prisons over the past four years. In real terms, that means that there are now three therapists working across the three prison establishments, in contrast to there previously being just one therapist in Hydebank Wood Secure College. Recurrent funding for those three posts has also now been agreed, which is vital, as it allows the service to be developed and for the trust to make future plans.”
“Unidentified speech and language needs can prevent individuals from fully accessing rehabilitation programmes and employment and from building relationships, all of which can perpetuate the cycle of offending. In the Northern Ireland Prison Service, speech and language therapists play an important role. Since 2008, the Department of Health has had responsibility for healthcare services in prisons. My colleague Paula Bradshaw made a valuable point regarding the need for appropriate information-sharing between the Departments of Health and Justice, which does not always take place, particularly when it comes to more sensitive issues around learning difficulties, acquired brain injuries and how we can handle those behavioural issues.”
“Indeed, that was supported further by a speech and language communication screening carried out by a learning disability nurse of 20 young people residing in Woodlands Juvenile Justice Centre in late 2019. It showed that approximately 50% of those young people identified as having difficulties that would require input from speech and language therapists. More recently, the screening of young men in Hydebank Wood Secure College in 2023 identified that up to 75% had speech, learning and communication needs. Such needs often manifest in the individual, whether they are young or old, in a complex range of ways. Those were outlined in great detail by Joanne Bunting, so I will not repeat them all. <BR /> <BR />The implications for a person with a speech, language and communications need in the criminal justice system can be profound.”
“<BR /> <BR />In February 2021, I had the pleasure as Minister of meeting the head of the Royal College of Speech and Language Therapists in Northern Ireland to hear at first hand the important work that its members undertake in the justice system and the opportunities to develop it further. Individuals in the justice system are more likely to have significant speech, language and communication needs compared with the general population. The concentration of people who have demonstrated offending behaviour in the prison system reflects the links between speech and language difficulties and offending behaviour, as Maurice Bradley acknowledged.”
“That is why early intervention is so important as a preventative measure rather than only a rehabilitative measure. Likewise, women who have offended tend to have a history of domestic and sexual violence. A gender-responsive approach to reoffending is necessary to support them properly. <BR /> <BR />Making real inroads into reducing offending behaviour requires effective partnership working between Departments and statutory agencies. One such area is through the provision of speech and language therapy. As Ciara Ferguson noted, speech, language and communication needs are often called invisible or hidden disabilities. They are not always obvious. As a result, their significance can frequently be overlooked, whether that is in prison or the wider community.”
“Those challenges are often linked to language and communication deficits, as Danny Donnelly highlighted in his contribution. Reducing offending and addressing reoffending means not only tackling those issues but creating positive connections with supportive families and communities so that they can become enablers of change. <BR /> <BR />In the broad category of people who have offended, there are particular groups with additional needs, members of which require further support in order to address their offending behaviour and successfully reintegrate into the community. Children are one such example. Their offending behaviour is often a manifestation of underlying issues, whether those be problems in the family home, disengagement from the education system, poverty or social exclusion.”
“However, the criminal justice system on its own cannot provide the knowledge, expertise or access to the services that are needed in order to truly reduce offending alone. <BR /> <BR />As my colleague Stewart Dickson highlighted, a range of socio-economic factors have been shown to have an impact on offending. Those include poverty and social deprivation; mental health issues; substance misuse; homelessness; and a lack of educational attainment and employment opportunities. As an illustration of what that looks like in practical terms, on 1 February 2024, some 54% — 1,001 people — of our prison population had a history of self-harm. Some 50% — 34 people — had an addiction, and 37% — 693 people — had a mental health issue.”
“<BR /> <BR />I want to work with my Executive colleagues to deliver a coherent approach to early intervention with the aim of creating a long-term, whole-systems approach in collaboration with other Departments, criminal justice agencies and the voluntary and community sector. With that in mind, the aim of my Department and its agencies, non-departmental public bodies (NDPBs) and other partners, particularly those in the voluntary and community sector, is to align activities, support rehabilitation, improve outcomes for those in our care and, ultimately, build a safer Northern Ireland through a long-term reduction in offending behaviour. Evidence shows that it is only by working with those who offend that we can make communities safer and reduce future harm to victims.”
“<BR /> <BR />There is recognition across government and society that the most effective route to positive outcomes in adult life is to provide early help and support to individuals, families and communities by intervening early before problems become entrenched. That is also critical to reducing interaction with the justice system, which, regrettably and too often, becomes a provider of last resort for those who have fallen through the gaps in other services in the community. As the financial pressures increase, so do the gaps, and, more and more, the Department's already overstretched resources, whether in probation, prisons, youth justice or policing, are under pressure to plug those gaps. That is not a sustainable model for justice delivery, and it needs to be addressed.”
“<BR /> <BR />I will outline shortly the important work that speech and language therapists perform in the justice system, but the reality is that people arrive in the justice system with pre-existing, often complex and sometimes undiagnosed needs. Like Robbie Butler, I am constantly impressed by the work of prison officers in engaging with and challenging behaviours amongst the prison population. However, the best solution is, ultimately, more investment in early intervention, which is where it would achieve the greatest impact via early years, education and community provision. A number of Members highlighted that, including Patsy McGlone, Órlaithí Flynn and Nuala McAllister.”
“I officially welcome you, Mr Deputy Speaker, to your new role. This is the first time that I have faced you across the Chamber like this, and I hope that you will be gentle. <BR /> <BR />I am grateful to the Members for Upper Bann, Lagan Valley and Strangford for tabling this important motion. I welcome the opportunity to respond. I thank all the Members who contributed to and participated in the debate, because it is important. While I am responding to the motion as Minister of Justice, it is important to explain at the outset, particularly to newer Members, that statutory responsibility for the adequate provision of speech and language therapy, including for children in the justice system, rests with the Department of Health, as with all healthcare provision in the justice sector.”
“I thank the deputy First Minister for giving way. Does she also agree that we are not just £3·3 billion better off than we were but £3·3 billion better off than we would have been had we followed the negotiating strategy of Mr Allister?”
“I affirm the terms of the Pledge of Office as set out in schedule 4 to the Northern Ireland Act 1998.”