Naomi Long
East Belfast · Alliance Party · Northern Ireland
“Underneath the Facebook posts to say that he had passed away, people speculated with such comments as, "Probably high on drugs", "Probably drunk", and, "Typical boy racer". There was all of that speculation. It was hurtful to the family, and it was inaccurate.”
“There are circumstances that we need to consider and be careful of. I was told, for example, that, when the issue of good character references at trial was being looked at in New South Wales — Committee members may wish to look at this for themselves — one of the groups that opposed their removal was representative of domestic abuse victi…”
“It sets out the strategic direction adopted by the Department and key partners to tackle those appalling crimes and protect vulnerable victims of exploitation.”
“The provision seeks to provide protection, via legal advice and representation for complainants, against the use of non-relevant personal material and evidence of previous sexual history being used in the court process.”
“<BR /> <BR />On the wider issue of ensuring that a withdrawal of services never happens again, I think that most of us agree that, although everyone has the right to take industrial action, no one has the right to derail and hold to ransom the entire justice system in that way.”
“Those measures will go some way towards helping to support complainants and enable them to have input into the decision-making process about what records containing their personal and sensitive information are required to be shared with the defence.”
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“The precise information that will be shared will be determined by the particular circumstances of the case and will be kept to the minimum that is necessary. That information can include the timing of the incident, its nature and severity, who it involved, its location or any such other information that is considered necessary to support and take into account the well-being needs of the child. That information will give the education provider a sense of the level of trauma that the child has been subjected to and will recognise that a child may be affected by domestic abuse, even in circumstances where they have not been physically present during the incident of abuse.”
“They will apply to those who are registered for a funded preschool place through to those who are of compulsory school age, prior to their turning 18, when they are considered to be an adult. That upper threshold aligns with the approach that is taken to children and young people who are in the criminal justice system. <BR /> <BR />Regulation 3 enables information to be shared between a number of bodies. The police can advise that there has been such an incident to a designated person, who is typically the safeguarding lead for a school, further education college or Department for the Economy-funded private training provider delivering training programmes or apprenticeships. That is to ensure that the needs of a child and any impact can be effectively taken account of and that support can be provided.”
“<BR /> <BR />The regulations were drafted by my Department in partnership with officials in the Department of Education, the Department for the Economy and the Department of Agriculture, Environment and Rural Affairs in order to place the Operation Encompass model on a statutory footing when sharing information between relevant bodies. A targeted three-week consultation was undertaken on the draft regulations, which ran until 8 December 2021. All of the 18 responses that were received were supportive of the regulations being brought forward. The regulations will apply where there has been a domestic abuse incident or an incident that can reasonably be believed to constitute an incident of domestic abuse concerning a child who is a pupil or student.”
“That is likely to happen in the new school year, which starts in autumn 2022. It has been agreed that the Department of Education will be the lead Department responsible for the roll-out of Operation Encompass in schools once the regulations are in place and that the Education Authority and PSNI will be the operational leads. The Department for the Economy and the Department of Agriculture, Environment and Rural Affairs will lead on further education (FE) institutions and training providers, including the College of Agriculture, Food and Rural Enterprise (CAFRE).”
“It is important to note that the model will not replace or detract from the protection mechanisms that are already in place for familial parent-on-child abuse. <BR /> <BR />Separately, Members will be aware that the Education Authority (EA), the PSNI and the South Eastern Health and Social Care Trust launched a pilot of the Operation Encompass model in September 2021 on the basis of consent. The catchment zone was initially the Down sector of Newry, Mourne and Down District Council area, with the pilot expanding to the Newry and Mourne part of that district on 1 February 2022. A total of 135 schools are participating in the pilot, and, to date, a total of 95 notifications have been made to schools. It is intended that Operation Encompass will then be rolled out across Northern Ireland on a phased basis.”
“Operation Encompass ensures that a simple telephone call or notification is made to a designated person in a school, college or training facility prior to the start of the next school day following an incident of domestic abuse, primarily in cases involving children who are related to either of the adult parties. That will allow for appropriate support mechanisms to be put in place for the child and will ensure that any feelings of fear or anguish are not escalated by the education provider's environment. For example, the school, college or training facility will be aware that the child might not have done their homework or have their proper uniform on and can take account of the incident in how they interact with the child on those matters.”
“As Members are aware, section 26 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 provides the power for my Department to bring forward regulations to enable information to be shared with an education provider about an incident of domestic abuse concerning a child who is a pupil or student of that provider. That information-sharing model is known as Operation Encompass and has been in place in England and Wales for the past 10 years. The model that is provided for by the regulations is broadly based on that model. Locally, Operation Encompass will be an early intervention partnership between schools, colleges, training facilities and others in order to enable support to be provided for children and young people who experience domestic abuse.”
“I thank all Members for considering the motion. I welcome the debate on the order, and I thank Members for the unanimous support expressed in their contributions. <BR /> <BR />The order will ensure that children and vulnerable people are protected by providing potential employees with details of convictions of domestic abuse offences, including aggravated and non-court disposals of the domestic abuse offence, in order to share them with a potential employer, who will make a decision when it comes to recruiting individuals. <BR /> <BR />I commend the order to the House.”
“<BR /> <BR />Those shorter time periods for disclosure of up to 11 years from conviction will apply to other offences where those are aggravated by domestic abuse, in line with current provisions. Provision is also made for the disclosure of non-court disposals for the domestic abuse offence on standard and enhanced applications. If the order is approved today, it is intended that it will be operational from tomorrow, 23 March. I commend the motion to the House.”
“For the avoidance of any doubt, however, explicit inclusion is being made for that. Through those provisions, convictions for the domestic abuse offence and its associated aggravators will always be disclosed on a standard or enhanced Access NI certificate. Without that, the domestic abuse offence would not be disclosed on a standard or enhanced Access NI check after a period of 11 years from conviction. A period of six years typically applies for an adult non-court disposal, and shorter periods apply to those under 18. Given the potential seriousness of the domestic abuse offence, particularly where there is a child aggravator and the potential to be sentenced for up to 14 years, it is considered essential that convictions for the domestic abuse offence, whether aggravated or not, are always disclosed.”
“Convictions of offences other than the domestic abuse offence and specified offences that are aggravated by domestic abuse would also be included in the list of relevant matters and would be disclosable as part of an Access NI application check. <BR /> <BR />In both instances, it is considered that reference to the child and domestic abuse aggravators would be covered by the term "conviction" and could be disclosed. That is on the basis that the aggravator is an integral part of a conviction and that the information could therefore be disclosed.”
“<BR /> <BR />Section 113A of the Police Act 1997 requires a criminal record certificate to be issued for any individual who makes an application and is 16 years old or over at the time of the application, except in prescribed circumstances. The criminal record certificate must give the prescribed details of every relevant matter relating to the applicant. <BR /> <BR />Section 113A(6D) lists offences that are to be considered as relevant matters. The draft order explicitly adds convictions of the domestic abuse offence and convictions of the domestic abuse offence aggravated by the child aggravators to the list of specified offences at section 113A(6D).”
“However, after certain periods elapse, Access NI will not disclose old and minor offences — non-specified offences — from that record. That is known as filtering. Access NI does not apply those periods to the more serious offences listed in section 113A(6D) of the Police Act 1997. Such offences are known as specified offences, and they are always disclosed on Access NI standard or enhanced certificates. <BR /> <BR />The order will add convictions of the domestic abuse offence, including where aggravated, to that list. All offences not listed in section 113A(6D) are deemed to be non-specified offences. The order will add convictions of any other offence aggravated by domestic abuse to the list of non-specified offences.”
“Members will be aware that provisions for the new domestic abuse offence and its associated aggravators in the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 came into operation on 21 February 2022. The purpose of the statutory rule is to enable the new domestic abuse offence, convictions of the domestic abuse offence with a child aggravator and current convictions for all other offences for which there is a domestic abuse aggravator to be disclosed as part of the Access NI disclosure process. <BR /> <BR />As Members may be aware, Access NI discloses information held on a criminal record, particularly about individuals who seek to work with children and vulnerable adults, as part of enhanced checks.”
“I hope that there is a message for those perpetrators in our community today that their behaviour, their exploitation, their sexual offences and their abuse of those who are vulnerable will not be tolerated and will lead to serious and, I hope, swift responses from the justice system. <BR /> <BR />I look forward to a time when legislation such as this is no longer needed, but, until that time, this Bill and other important Bills that I have brought forward during this mandate will contribute to ensuring a better future for many vulnerable people across our community. I commend the Bill to the House.”
“The future Justice Minister will be able to progress that Bill in a short time at the start of the next mandate and deal with the essential and crucial issues that need to be addressed and should be addressed. I have taken action to ensure that a Bill will be prepared, irrespective of who brings it forward. <BR /> <BR />At this stage, I simply thank, again, the Chair of the Committee and members for their support, their careful scrutiny of the Bill and their valuable contributions to its improvement during its passage. The Bill represents the final piece of a jigsaw of interlocking legislation that is designed to provide greater protection from those who seek to blight the lives of vulnerable people in our community through offending behaviour.”
“However, in order to get the Bill through the Executive and to the Assembly, it was necessary to narrow its scope. The alternative was that the Bill would have been brought to the Executive but would not have made it here. Pressing, important and necessary legislative changes had to be removed as a result. The Bill represents around 70% of our original intent. We have been working through the remaining 30% as a Department, and we now have, at an advanced stage of preparation, a miscellaneous provisions Bill for early in the next mandate. <BR /> <BR />The key to being able to develop that legislation in order to take forward the issues to which Miss Woods and others referred and to create a stable situation going forward is to have a quick restoration of the Assembly and Executive.”
“Members raised the issue of vulnerability. Dealing with issues around human trafficking and modern slavery more generally is not a responsibility of the Northern Ireland Executive or, indeed, of the Department of Justice. I believe, however, that the hostile environment policy being implemented by the UK Government makes it more difficult for us to reach people who are vulnerable, trafficked or enslaved, because their fear is that they will simply be deported under the hostile environment policy to then be re-trafficked to the UK or another country. Current approaches do not fully address that vulnerability. <BR /> <BR />Members have raised what is not in the Bill. Members will recall that, when I brought forward the Bill, it was a wide-ranging miscellaneous provisions Bill that included many of the issues to which Miss Woods referred.”
“That is a high-risk approach, and we should address it with the UK Government to seek better interventions that will support people to get here.”
“However, a complex system has been put in place that is heavily reliant on the generosity of individuals and their ability to identify those for whom they could provide support. The system will need to be reviewed and overhauled if it is to meet the needs of the growing population of people who have been displaced from Ukraine in tragic circumstances. The best way that we can protect those people is by providing safe and efficient legal routes to the UK so that they do not fall foul of traffickers and do not fall into that system in order to make it to Northern Ireland. The recent announcement that we would deal only with those who arrived in the UK under their own steam risks people falling into that trap of relying on others to traffic them here if they do not have the means at their disposal to escape.”
“As a Minister, I have been briefed by the head of the Civil Service on the latest proposals from the UK Government for how families and people here can go about offering support directly to people who are displaced and arrive in Northern Ireland seeking our support.”
“However, all those efforts will, again, depend on continued funding and investment. The court system is currently running at 115% of its normal capacity. That cannot be sustained unless we are able to sustain the human resources and funding that that requires. <BR /> <BR />With respect to the specific issue that was raised about Ukraine, we need to recognise that there are issues. First, immediate humanitarian support is needed for people in Ukraine and those who are fleeing from it. I told Members previously that I believe that it is important that the UK plays a full role in that.”
“It is also an important part of the mechanisms that we have to create safer communities. For that reason, it is important that it is a properly funded service and one that is able to discharge its functions in an efficient and effective way. <BR /> <BR />That brings me to the point about speeding up justice. I recognise that there are delays in the justice system. We were making inroads into those delays at the start of the mandate. However, COVID has, of course, set that back and created additional backlogs. With the additional COVID funding that we have received to date, we have now seen those COVID backlogs reduced. Earlier this year, we introduced the Criminal Justice (Committal Reform) Act (Northern Ireland) 2022, which will allow us to speed up justice in the longer term.”
“<BR /> <BR />I want to turn briefly to the comments that have been raised by some Members. First, on budget and resource, I have spoken at length about the challenges that we face in the Department of Justice in respect of the draft Budget. It will simply not be possible to invest in and fund those services as we would wish on those crucial issues unless we see a change to the draft Budget. There is no point in my saying that we will simply prioritise that in the Department, because that alone will not be enough to overcome the funding deficit. It is important, therefore, that not just the Department of Justice but all parties make representations in that regard when it comes to consideration of the draft Budget and the consultation. <BR /> <BR />I believe that Justice has a crucial role to play in society's health and well-being.”
“It is important that we recognise the impact that that can have on the individuals who are trafficked and that we understand their fear of recrimination and retribution where they cooperate with the authorities and the anxiety that many will have that, having been coerced or forced into illegal activity themselves, they may face criminalisation if they come forward. It is important, today, that we reinforce the message to such victims that that is not the case and that they will be listened to, protected and, crucially, supported as they try to rebuild their lives. The Bill makes further provisions for that protection. I encourage anyone, whether they are a victim themselves or someone who believes that such trafficking or modern slavery is taking place, to come forward and report it to the police.”
“The Bill, alongside other provisions that I have progressed during the mandate, will assist in addressing many of those concerns, as identified by Sir John Gillen. I hope that this important Bill will play a crucial part in tackling those taboos and will help to generate the confidence in victims to come forward and report their experiences to the police, knowing that they will be believed and will receive the support and protection that they need and deserve. <BR /> <BR />Human trafficking, whether it is from, to, through or within Northern Ireland, is a trade in human misery by those who seek to profit from the desperation of others. Trafficking exploits those who are particularly vulnerable, in fear or desperation, for sexual exploitation, forced domestic servitude or other forms of modern slavery.”
“Thank you, Mr Deputy Speaker, for the opportunity to close the Final Stage of the Justice (Sexual Offences and Trafficking Victims) Bill. I am extremely grateful to all of those who spoke in support of the legislation today. <BR /> <BR />Sexual offences cause serious physical, psychological and emotional trauma to victims, violating them in the most personal and intimate of ways. Often, it is accompanied by a sense of humiliation and shame on the part of the victim and, too often, is a taboo subject in wider society. There is no shame in being a victim of sexual abuse — none whatsoever. The only shame lies with the perpetrator. However, the intrusive nature of investigation and trial can, itself, be traumatic.”
“<BR /> <BR />I am heartened on occasions such as this, when we can set aside political differences and work for the greater good. It is my hope that we can move forward in this place committed to building on that collaborative approach, recognising that it is our duty to do so and that it is our best means of protecting the most vulnerable people in our society.”
“The five substantive pieces of legislation that I have advanced with the assistance of the Executive and the House, including this Bill, are a demonstration that both of those priorities are possible. <BR /> <BR />Today is a good day for the Assembly. It is a day when we underline the true value of devolved Government, a day when we demonstrably give priority to the safety and well-being of the weak and vulnerable in our community, and a day when we unambiguously signal that we stand together to stop sexual offending and to protect trafficked victims. On days like this, I am proud to be an MLA and the Minister of Justice. The challenge to us all is to build on such days to ensure the continuance of effective devolved Government in Northern Ireland, so that those whom we represent see and feel the benefit of the work that we do.”
“<BR /> <BR />Last but by no means least, to the victims who I met, who responded to consultations and who engaged with the Department, and to the organisations who represent them so ably: thank you for helping to shape the legislation. You courageously shared with us the often harrowing and distressing experiences that you endured as victims. In doing so, I hope that you have enabled us to shape the provisions in ways that will improve the experience of the justice system for future victims and offer them additional protection. <BR /> <BR />Since I took up the role of Justice Minister, my priorities have been twofold: to protect the most vulnerable people in our community, and to demonstrate to an increasingly sceptical public the value of the institutions in delivering better outcomes for our community.”
“<BR /> <BR />I also pay tribute to my departmental officials for their dedication and commitment to delivering what has been a challenging legislative programme, including some fairly complex legislative fixes. They have not only progressed the Bill itself but worked tirelessly with other justice sector partners, community and voluntary organisations and victims themselves, both to inform the Bill and to prepare for the introduction of the new laws, so that they will have the intended impact. As Minister, I am enormously indebted to my departmental officials. If I may break with convention, I give special thanks to Brian Grzymek for his role in delivering the Bill. I hope that, as he retires, it will be a fitting full stop to his DOJ legacy.”
“<BR /> <BR />Taken as a package, the five Bills represent a step change in how we protect and support those who are subject to serious domestic and sexual abuse as they pass through the justice system, recognising that pursuing justice in such cases can itself be traumatising. That was identified by Sir John Gillen in his review of serious sexual offences. Hopefully, the measures introduced via this Bill and other Bills, and via procedural changes, will help to provide the reassurance that victims need to have the confidence to come forward and report offences. <BR /> <BR />I give a special word of thanks for the expertise of the staff in the Office of the Legislative Counsel (OLC) and the Departmental Solicitor's Office (DSO) who have worked so closely with me and my officials to bring the Bill to this point.”
“The Bill has benefited greatly from their input at Consideration Stage and Further Consideration Stage, not least the inclusion of a cyber-flashing provision that was championed by the Committee, and which I would not have been able to take forward as Minister given the current lack of an Executive. I place on record my gratitude to the current and previous Chairs, Deputy Chairs, members and staff of the Committee for the energy that they brought to their legislative scrutiny responsibilities throughout the mandate. I am very grateful for the careful and meticulous manner in which they discharged those heavy responsibilities in what was a very compressed time frame.”
“However, collectively they make an important contribution to tackling sexual and domestic violence and abuse. They also contribute positively to the Executive's wider agenda of creating safer communities and protecting women and girls, as, unfortunately, it remains the case that most victims of sexual offences tend to be female. <BR /> <BR />I thank the Committee for its support and commitment in completing the scrutiny of the provisions in the Bill. Committee members, past and present, are to be commended for the commitment and diligence that they brought to that task.”
“I am delighted to present the Final Stage of the Justice (Sexual Offences and Trafficking Victims) Bill to the Assembly. <BR /> <BR />I appreciate that my challenging legislative programme in this mandate, with a record five substantive Bills over its final two years, placed considerable demands on the Justice Committee and the Assembly. I am incredibly grateful for the cooperation of both in bringing the Bill, the last of the five, to its conclusion today. <BR /> <BR />Whilst it is the last, it is by no means the least in its importance or reach. The provisions of the Bill, which Members debated extensively over recent months, are well known. I do not intend to rehearse them today as I realise that time in the Chamber is at a premium at this point in the mandate.”
“That is needed to protect privacy and to ensure support for victims of crime and others who voluntarily provide information to the police. It is incredibly important for us to be able to do that. <BR /> <BR />Publishing a code of practice will help to guide the police and provide clarity and consistency in the approach to obtaining digital evidence from victims and others. I am pleased with the support that colleagues have shown in their comments this evening and with their recognition that it is sensible for these provisions to be carried in a Westminster Bill. On this occasion, it is appropriate for us to provide consent via a legislative consent motion. I am happy to ask the House to agree the motion.”
“I thank Members for considering the motion and for their valuable contributions to the debate. I note the concerns that some Members have expressed regarding the wider Police, Crime, Sentencing and Courts Bill, and I am glad and relieved that devolution means that we are removed from some of the more authoritarian aspects of that legislation. <BR /> <BR />The proposed legislation to which we are consenting this evening will provide much-needed clarity and consistency in respect of the relevant law, namely where, how and when it should be applied. Fundamentally, it is about ensuring that the police can obtain digital evidence to prosecute criminals whilst providing additional safeguards so that only information that is directly relevant to an investigation is taken.”
“Westminster colleagues are keen to have the request considered as soon as possible, as the timescales are challenging. <BR /> <BR />Before I finish, I will place on record my thanks to the Justice Committee for its report, and I welcome its support for the LCM. I will also record my thanks to ministerial colleagues for their consideration of the issues. Building on that support, I am keen to hear the views of Members and to seek legislative consent today.”
“<BR /> <BR />Members may ask whether those matters could be legislated for locally in the Assembly. In some matters, we are dealing with legislation that is made at Westminster or that applies across the UK, therefore necessitating the Westminster route. Also, given the advanced stage of the Bill and the timescales that are involved, it would not be possible to legislate locally on those matters even if we were given permission by Westminster to do so. <BR /> <BR />Members will be aware that, while some provisions of the Bill are controversial, the elements that are in the LCM are not. I also believe that, in the matters concerned, it is important to maintain consistency across the UK and that that is best achieved through an LCM process.”
“That would, in turn, result in an inconsistent approach to police practice across the UK. <BR /> <BR />In addition, Northern Ireland will not have addressed the Information Commissioner's Office recommendations on the extraction of data from electronic devices. That said, I reassure Members that I am not suggesting that we agree to the proposed changes without being satisfied that the code of practice meets our requirements. <BR /> <BR />I trust that Members will agree that the form of consent that is proposed is a reasonable compromise, allowing the Home Office to proceed, as it does, in a uniform manner to Royal Assent while ensuring that the Assembly retains control over the commencement pending the resolution of outstanding issues in the code of practice.”
“In practice, that conditional form of consent envisages that the Assembly will be consulted following the completion of the public consultation on the code. Thereafter and following further consultation with the Assembly, it will be for the Justice Minister to confirm with the Home Office whether the provisions can be commenced in Northern Ireland. <BR /> <BR />In the event that the code remains objectively unsatisfactory at the end of public consultation, I have committed to seeking the consent of the Assembly to commence the provisions only when any outstanding issues are satisfactorily resolved. I ask Members to note that if we do not agree to the provisions on that basis, we risk there being no clear statutory basis for the PSNI to use the powers when there is clarity in the code of practice.”
“<BR /> <BR />In that context, Home Office officials have assured the Department that a copy of the consultation documentation, including a draft updated code, will be provided in advance of the public consultation. They have also given assurances that relevant feedback, whether it is received from the Department or via the public consultation, will be captured in the final text. <BR /> <BR />Whilst Home Office assurances on the code have been gratefully received, in order to ensure that the commencement of the data extraction provisions in Northern Ireland require satisfactory completion of the code of practice, I have proposed, and the Northern Ireland Executive have agreed, to support a conditional form of legislative consent as presented in the motion.”
“Those concerns have been shared with the Home Office, and the Department has indicated that, should the Assembly agree to the LCM, it will require all relevant concerns to be addressed, as far as practicable, prior to the Bill's provisions coming into force in Northern Ireland. Since the Bill is now at an advanced stage in the House of Lords, it is unlikely that the code will be amended further before Royal Assent is given. However, potentially extensive amendments are expected as a result of public consultation. My Department will continue to work with Home Office officials from the time that Royal Assent is received until the proposed time of commencement.”
“<BR /> <BR />Although the code remains in draft form, the current text already demonstrates the depth and detail of the guidance that will benefit authorised persons in the exercise of data extraction powers. In Northern Ireland, in particular, the Department has liaised with and benefited from the advice and assistance of the Departmental Solicitor's Office, the Northern Ireland Human Rights Commission and the Office of the Attorney General. Input from all parties has been shared with Home Office officials regularly and has clearly influenced the drafting of the code and clauses from the Commons Report Stage to date. <BR /> <BR />While significant progress has been made on the draft code, some concerns remain on the part of the Northern Ireland Human Rights Commission and the Office of the Attorney General.”
“The code is admissible in evidence in criminal or civil proceedings, and a court may take into account a failure to act in accordance with it in determining any relevant question in those proceedings. <BR /> <BR />The code has been drafted by the Home Office in collaboration with key stakeholders and interested parties, including my Department. A draft code was published at the House of Commons Report Stage in July 2021, and an updated draft was produced ahead of the Bill's being presented to the House of Lords in October 2021. The UK Government will launch a public consultation on the code once the Bill achieves Royal Assent. Data extraction powers will not be commenced until the final code has been prepared and laid before Parliament.”
“The code seeks to ensure that authorised persons exercise data extraction powers only where necessary and, thereafter, only in a manner that is proportionate, in accordance with the law and pursuant to a reasonable belief that there is relevant information on the device; that they have access to practical guidance on the exercise of data extraction powers in practice, including to determine whether such powers are the most appropriate for use in any particular case; and that they have access to specific guidance on the considerations that they should make and the greater level of sensitivity that they should apply when interacting with victims and witnesses of a crime, especially vulnerable victims of serious offences such as rape and other sexual offences.”
“Where authorised persons are extracting information from a device for non-law enforcement purposes, such as an inquest, they must also continue to meet the requirements of the General Data Protection Regulation, including that information is processed lawfully, fairly and in a transparent manner, and only where it is necessary. <BR /> <BR />The powers will also be supported by a statutory code of practice, the publication of which is made mandatory by clause 42.”
“<BR /> <BR />The powers do not replace the existing statutory powers for the seizure of devices from suspects or any other specific powers available to authorised persons listed in schedule 3, including those available to the PSNI under the Police and Criminal Evidence (Northern Ireland) Order 1989. The powers do not replace the existing requirements of data protection legislation, and authorised persons must continue to comply with all existing legal frameworks that are relevant to their particular area of practice. That means that, in every case where authorised persons are extracting personal material from a device under those powers, they must continue to meet the strict necessity threshold under the Data Protection Act 2018 when processing information for law enforcement purposes.”
“They cannot be used to extract or intercept data for any covert purpose that must otherwise be authorised by warrant under the Investigatory Powers Act 2016. In certain cases, the powers may be exercisable without agreement: where the user is deceased; where the user is a child or adult without capacity and the authorised person believes that their life is at risk or that there is a risk of serious harm to them; or where a user is missing and the authorised person believes their life to be at risk or that there is a risk of serious harm to them.”
“Clause 41 states a clear statutory basis for extracting information from digital devices in the investigation of a death if the device is believed to have been used by the deceased prior to their death and where there may be an investigation by a coroner. Those powers will be applicable to specified law enforcement and regulatory agencies that extract information to support investigations or to protect vulnerable people from harm. They will be exercisable only by the specifically named authorised persons listed in schedule 3. That includes all police forces and other authorities with investigatory functions. <BR /> <BR />The powers are for use overtly with the device user's agreement.”