Mervyn Storey
North Antrim · Democratic Unionist Party · Northern Ireland
“I thank the Minister for his statement. It will be noted that there are those who cry much about the environment and purport to be the champions of the environment who did not have the courtesy to come to the House and be present when the statement was being made.”
“I thank the Minister for his statement. Clearly, there are some in the House who want to continue with the same old, same old and get the same outcomes at a huge cost to the public purse and to farms in Northern Ireland. The Minister is absolutely right: it is a scourge.”
“I am sure that the Minister will be aware, having listened to the Member who spoke before me, that the farmers of North Antrim will make an informed choice about who best supported farmers during this mandate of the Assembly.”
“A pilot scheme has been operating with the Education Authority, the PSNI and the South Eastern Health and Social Care Trust across 60 schools in the south Down area since September 2021 and was extended to a further 77 schools in the Newry and south Armagh areas at the start of February 2022.”
“As Chair of the Justice Committee, I am pleased to welcome the motion. It implements the provisions taken forward by the Committee in the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 to establish an Operation Encompass model in Northern Ireland, which is, as the Minister has outlined, a police and early intervention pa…”
“We had our final meeting of that Committee this morning, and I want to place on the public record our appreciation and thanks to our Committee staff of for all the work that they have done.”
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“The benefits of the approach adopted for the new domestic abuse offence in the provision of guidance, training, data collection, monitoring and reporting was cited as an example, and parallels were drawn between the requirements in those areas, given that the new stalking offence is also a course of behaviour offence that will require a new mindset and approach from the criminal justice agencies. The Committee agreed that, for the legalisation to be effective, getting the implementation right through guidance, training, data collection, monitoring and reporting for the new offence, the new stalking protection orders and the interim orders is essential to ensure that better protection and justice outcomes are achieved for victims of stalking. The Committee therefore welcomes the amendments that the Minister has tabled.”
“The context is the consistent theme that ran through the evidence that the Committee received of the importance of how the legislation is implemented. Many organisations and individuals expressed the view that the legislation will only be as good as its practical implementation, and the importance of a comprehensive, consistent and informed approach by the criminal justice agencies was emphasised in the evidence received. That position was supported by the views of and comments of the representatives of a number of organisations that the Committee had the opportunity to meet.”
“Surely, given all the negativity that there can be about the Assembly and the arrangements that govern the House, we should take great heart from having that impact on the lives of our citizens. <BR /> <BR />The Committee also appreciates the support and assistance provided by Assembly staff including researchers, the Examiner of Statutory Rules, Communications, broadcasting, Hansard and, in particular, the Bill Clerk. They all play an important role in supporting the Committee to undertake its role in general and its legislative scrutiny at the Committee Stage of the Bill in particular. I thank those who have helped bring the Bill to this stage. I particularly thank the Committee staff. <BR /> <BR />I will now address the amendments.”
“<BR /> <BR />Most importantly, I record the Committee's thanks and appreciation to the individuals who responded in writing or met Committee members privately and shared their personal experiences of stalking. We know and appreciate how difficult it was to relive those experiences, but the conversations and details provided improved members' understanding of the myriad ways that stalking manifests itself and the devastating impact that it has on individuals who are subject to it. That reinforced the need to have effective legislation to deal with the issues. In some respects, that is an example of how the Assembly can make a difference in people's lives.”
“The Committee considered the Bill and the potential amendments at 24 meetings before agreeing its report on the Committee Stage of the Bill at its meeting on 9 December 2021. I thank Committee members for their contributions to the detailed, robust and careful scrutiny of the Bill and the issues raised in evidence during the Committee Stage. There is no doubt that the Committee considered in a full and thorough manner all aspects of the Bill and the range of proposed amendments and other issues that were brought to our attention. I thank all the organisations that provided helpful written and oral evidence and the departmental officials who provided additional information and clarification throughout the process. That work is appreciated by me and the Committee members.”
“<BR /> <BR />The work undertaken by the Committee enabled the Bill to be scrutinised in depth and provided an opportunity for the statutory and voluntary organisations and, most importantly, those who have suffered stalking to have a voice in shaping the Bill. The message was clear: we need legislation to provide the criminal justice agencies with robust tools to tackle stalking behaviour that takes into account the patterns of behaviour over time and its insidious nature. In the words of one victim:”
“The opportunity to hear their personal stories and the bravery that they displayed in speaking to the Committee have left an indelible mark on many of us. <BR /> <BR />The issues raised and the evidence received were explored in detail with the Department of Justice and the PSNI in writing and in oral evidence sessions. The PSNI will be responsible for applying for stalking protection orders and interim orders, and it raised a number of operational issues in its written evidence. A research paper covering online trolling and abuse was commissioned to inform the Committee's scrutiny. The Examiner of Statutory Rules provided advice on the range of powers in the Bill to make subordinate legislation. The Examiner drew attention to an issue that we will cover when discussing the amendments.”
“Several of those organisations shared their experiences of how stalking legislation operates in Scotland, England and Wales and the lessons that were learned from that. A number of organisations, including the Women's Policy Group Northern Ireland and the Women's Aid Federation, undertook research and surveyed the experiences of individuals and the support provided to them. Personal testimonies and examples were submitted as part of their evidence. <BR /> <BR />The Committee also met privately with individuals to discuss their proposals, their experiences of stalking and their views on the legislation. I concur with the the Minister's comments about those individuals. Sadly, we heard about the harrowing experiences of people who had been the victims of such crimes.”
“<BR /> <BR />The pressing need for stalking legislation was also an issue that came very much to the fore of deliberations during the Committee Stage of the Domestic Abuse and Civil Proceedings Act last year, and many organisations indicated that there was a clear legislative gap that needed to be addressed. <BR /> <BR />While there was widespread support for the Bill in the evidence received by the Committee, issues were raised regarding whether the offence was broad enough to cover all forms of stalking behaviour, whether cyberstalking was adequately covered and the need to ensure effective implementation of the legislation. That is an issue that we will comment on shortly. <BR /> <BR />The Committee received 36 written submissions, along with submissions from individuals, and held 11 oral evidence sessions with organisations.”
“As she has just outlined, she tabled them at the request of the Committee, and we appreciate the collaborative approach that she has adopted, even though she may not have been in complete agreement with them. I will address each of those amendments in detail shortly. <BR /> <BR />During the debate at Second Stage on the principles of the Bill, the previous Chair of the Justice Committee, my colleague and now First Minister, Paul Givan, outlined that the need to address stalking with robust legislation had been waiting in the wings of the Assembly since 2016. Debate was first initiated by a shared approach by the Justice Committee and the then Justice Minister, Claire Sugden.”
“Before addressing the amendments, with your indulgence, Mr Deputy Speaker, I wish to make some general remarks about the Bill in my capacity as Chair of the Justice Committee. <BR /> <BR />The Committee supports the Bill, including the creation of a specific stalking offence that recognises the experience of victims; an offence of threatening and abusive behaviour; and the provision of stalking protection orders and interim stalking protection orders to provide protection to a person at risk of stalking and to enable early police intervention to address stalking behaviours before they become entrenched or escalate in severity and to protect victims from more serious harm. The Committee also supports the amendments tabled by the Minister.”
“Although the bids for the PSNI have been fully met in the in-year pressures for the PSNI, obviously they have arisen as a result of the associated costs in regard to the protocol and EU exit. The Committee has been advised that the Chief Secretary to the Treasury wants to make a decision on all NI protocol costs together. Given how many times the Finance Minister's statements are replete with phrases such as, "I continue to press" and "I have engaged", will the Minister provide an update on the written correspondence and discussions with the Treasury on its considerations of those costs and when a decision can be expected to inform future planning?”
“I place on record my appreciation of farmers in North Antrim and across Northern Ireland for the work that they do. I condemn yesterday's attack in a rural constituency, which had a real impact on our farming community in Loughguile. <BR /> <BR />Will the Minister shed some light on the comments of the TD in the Irish Republic who is the Sinn Féin spokesperson on climate change? Clearly, he speaks with a different tongue from his colleagues in this House, because he made it very plain that there is a serious lack of trust in the Green Party's ability to deliver for the environment or rural communities when it comes to the Bill in that House. Does the Minister recognise that, to ensure the future of farming, the Climate Change Bill cannot proceed on the basis in which it is currently framed?”
“I thank the Minister for the information that she has provided to the Committee on the measures that have to be taken in the circumstances, and I commend the Prison Service for the way in which it has sought to deal with a challenging situation. Will the Minister assure the House that the budgetary pressure that is faced by the Prison Service will be addressed in a way that ensures that the service has all the resources that it requires for not only addressing this crisis but dealing with the Prison Service in general? We all have concerns about the budget as it stands, particularly in relation to the Northern Ireland Prison Service.”
“I thank the Member for giving way. First, does he accept that we are in a Chamber that has no ventilation? The air conditioning is off; we cannot use it. It is time that we started to practise what we preach. Secondly, does he also accept that, if we do that in education, we will have to do it for the entire public sector, and the return to work is a big challenge?”
“— with a paper that was produced on that issue. It comes with a cost, and it is time that the Finance Minister came up with the money.”
“Maybe it would also like us to forget about its recklessness and irresponsibility when it totally disregarded the COVID regulations because it was more interested in the burial of one of its colleagues in a public display on the streets of Belfast. Maybe that has all been forgotten, but there was no apology, no remorse and no concern for the spread of COVID at that time. <BR /> <BR />There has been a lot of talk today about air filtration. All of a sudden, we have become experts. If we are all going to become experts, so will I. I will put into the mix a company in my constituency, Ilimex, which actually deals with sterilisation, not air filtration. There is a difference. If Members want it, I am quite happy to supply them and the Minister —”
“Maybe the party opposite, Sinn Féin, has learned to listen to the concerns of people out there on this issue, rather than always jumping on the political hobby horse. <BR /> <BR />Another element of school is the importance of language. We have heard words such as "reckless" and "irresponsible" being used a lot over the past number of days. You would expect a party that accuses others of being reckless and irresponsible not to be engaged in the same thing. Not so for Sinn Féin. It would like us to forget that, for three years, it was reckless and irresponsible through its absenteeism from these institutions. There was no concern at its heart for parents or children; the only concern was for its political agenda.”
“<BR /> <BR />We all, as a House — I take the point that the Member made — give our appreciation and thanks to the staff in our schools, to parents and to everybody who has been challenged at this time and over the past number of years in relation to coronavirus. The motion refers to "support for keeping schools open", as did the amendment from the SDLP, which was not accepted, and as do all the comments that we have heard to date from the Alliance Party and others in the House about the importance of keeping our schools open. That is to be welcomed. It is almost ironic that Sinn Féin now expresses support for keeping our schools open. It did not take the same approach previously; it used every means possible and every opportunity at previous stages of the pandemic to slow and disrupt the plans to reopen the schools.”
“Thank you for the extra minute. Maybe I have missed something, but the fact is that some Members did not sign the recall petition. There are issues in relation to the party politics that are being played. <BR /> <BR />Despite all the rhetoric of working together and the benefits of the local Executive, all we get from parties in the House is proof, if any were needed, that a five-party coalition exists only in name or when it suits the parties to use the Executive as cover for something that they are not entirely supportive of. Maybe, today, we all need to return to the classroom and be reminded of some important lessons. In doing so, we might discover who really has been sitting on their hands.”
“No one should be surprised that we are here today, not because of the continuing spread of the omicron COVID variant or the challenges that it brings but because it seems that there are parties in the Assembly that are interested in only a quick headline or a display of political opportunism at its very worst. Members opposite have talked about care and consideration. If they cared or had consideration, they would have been working with the Minister and the Executive to ensure that, now that they are all experts, the issues were addressed and discussed.”
“Thank you very much, Mr Speaker. You caught me unawares. I thought that you were going to go to somebody else. <BR /> <BR />I declare an interest as a member of the board of governors of the William Pinkerton Memorial Primary School in Dervock and of Ballymoney High School. <BR /> <BR />I take the opportunity to welcome the comments of my party colleague Diane Dodds and to condemn publicly the outrageous and horrific online abuse that has been heaped on her. I wish those investigating the abuse well so that whoever was responsible is brought to book and brought before the courts. We as a House should all stand together in condemnation.”
“The difficulty, Minister, with the answer that you have given today is that it is a repeat of what we have heard for the past number of months. All we get is, "We are planning to do this", and, in fact, in one answer to another Member, you said that you intended to publish a draft plan for public consultation late in 2021. We are getting pretty late now. Can the Minister assure me that the delay is not to ensure that road networks that are priorities will be treated in a way that is unfavourable? For example, the A26 north of Glarryford in my constituency of North Antrim and junctions such as the Kirk Road and the Knock Road need to be seriously addressed to improve safety and improve the experience of road users. <BR /> <BR />Minister, I conclude by paying tribute to your staff —”
“Other factors, such as early engagement and effective case management, are essential and resources must be allocated properly, not only in the courts but at the investigatory and prosecutorial stages to help tackle the delays in case progression that we have seen for a number of years. <BR /> <BR />I thank Committee members for their time and effort in scrutinising this legislation, the departmental officials for their assistance during the Committee Stage and the Committee staff for their support and advice. I also thank all the organisations and stakeholders that contributed to our scrutiny by taking the time to provide written and oral evidence. <BR /> <BR />I am pleased to support the Final Stage of the Criminal Justice (Committal Reform) Bill and commend it to the House.”
“<BR /> <BR />While the Committee did not wish to seek amendments to the Bill, members did have concerns that it will not reduce delays in the criminal justice system, which is one of its stated aims. It was evident from the data provided by the Department and in evidence received from the key stakeholders that the delays in the system are most keenly felt at the earlier investigative and prosecutorial stages. There was also concern that the removal of the committal stage would simply shift delays to the higher courts. The Committee therefore wants to see regular reports on the specific impact of the Bill on reducing delays in the criminal justice system.”
“We had also been advised that a defendant's right to a fair trial is not compromised by the removal of oral evidence at the committal stage, as those rights are secured at the trial stage of criminal proceedings. In balancing the small number of cases to which the "interests of justice" test might apply against the impact that having to give evidence twice may have on victims and witnesses, the Committee was content with the removal of oral evidence at the committal stage. The Committee also believed that the application of direct committal to cases that are triable only on indictment is, at this time, a proportionate step towards the longer-term aim of direct committal for all cases.”
“That can be a traumatic experience, particularly under cross-examination, and can have a significant impact on the individuals involved. The Bill provides certainty for victims and witnesses, who can be assured that they will not be required to give oral evidence twice in the same case. <BR /> <BR />Mr Allister tabled amendments at Consideration Stage. Had they been accepted by the House, it would have left the "interests of justice" test as provided for in the 2015 Act in place. As I pointed out during that debate, the Committee was not able to assess whether those provisions would appropriately safeguard the rights of all parties, given that they were never enacted. The Committee was aware, however, of the reviews and reports advocating direct committal and the reasons why they made those recommendations.”
“I apologise to the Minister for not being here for the start of her speech on the Final Stage of the Bill. I had to rush, so, if I collapse out of breath, you will know why. No doubt, plenty of Members will run to my assistance. <BR /> <BR />On behalf of the Committee for Justice, I welcome the Final Stage of the Criminal Justice (Committal Reform) Bill. It is fair to say that it has been a more straightforward Bill than other justice Bills that have been considered by the Committee, but that does not mean that it is not important. A key concern with the current committal process is the impact that it has on victims and witnesses, who may be required to give oral evidence at an early stage as well as at the trial itself.”
“I thank the Minister for his answer. What he has said is welcome news. It is disappointing, however, that the funding of this has had to come solely from the charitable Gordon Robinson Memorial Trust. <BR /> <BR />The fact that the Robinson Hospital has existed for 88 years is, clearly, an indication of its commitment within the trust. However, will the Minister give an assurance that, with all the talk that there is about the reconfiguration of health services and all the change that he anticipates will come in the years ahead, particularly following on from the recommendations of Bengoa, there is a future for the Robinson Memorial Hospital in healthcare provision in my constituency?”
“On behalf of the Committee for Justice, I am pleased to support the Final Stage of the Damages (Return on Investment) Bill, and I commend it to the House. I look forward to a new personal injury discount rate being set under the new framework in the near future.”
“I also place on record again the appreciation of the Committee to all the organisations and stakeholders that contributed to our scrutiny by taking the time to provide written and oral evidence. Their expert advice and contributions greatly assisted our understanding of the issues.”
“The Committee welcomed the reassurance provided by the Lady Chief Justice that PPOs play an important part in the settlements of most of the catastrophic injury cases that require approval by the court and that the judges who deal with the cases have a wealth of experience and knowledge of the issues surrounding the personal injury discount rate, the legislation, case law and the practice and procedures that are relevant to the making of PPOs. <BR /> <BR />I again thank Committee members for their diligence and the time and effort that they gave to scrutinising this complex and technical legislation. I also thank the departmental officials for their assistance during the Committee Stage of the Bill and our Committee staff for their support and advice.”
“The Committee Stage provided the opportunity for that to take place. While the Bill has not been amended, the decisions taken on the clauses and schedules were better informed than would otherwise have been the case. <BR /> <BR />As part of the Committee's deliberations on the Bill, we noted the low uptake of periodical payment orders (PPOs) that would reduce the need for lump sum payments calculated using multipliers and discount rates. The Committee wrote to the Lady Chief Justice about that and about how information on and the promotion of the orders could be increased.”
“The Committee also recommended that the Department should assess the potential options for gathering evidence of claimant investment behaviour. While the Committee appreciates the challenge of obtaining information on how claimants invest their compensation awards, it believes that there are benefits in doing that to inform future consideration of the framework. Potential options to do that should be identified and explored. <BR /> <BR />I know that the Minister would have preferred accelerated passage for the Bill; however, it was right that the new framework was fully and properly scrutinised by the Committee and the Assembly. Key stakeholders raised a range of issues, and there were distinctly contrasting views in the evidence received on the Bill that needed to be explored and understood.”
“However, we must also ensure that the framework does not lead to overcompensation, given the ramifications of that for health and social care provision, as clearly laid out to the Committee by the Health Minister, and the implications for insurance premiums and businesses in Northern Ireland. <BR /> <BR />While the Committee did not seek to amend the Bill, it made several recommendations to the Department, including that it should publish an impact assessment setting out the potential implications of different rates for Departments and businesses when a review is due to take place to aid transparency and so that the potential consequences and costs can be fully understood and the necessary mitigations and actions considered by the Government and relevant organisations in preparation for the new rate coming in.”
“The Committee also sought further information and clarification from the Department as to why the wider economic and social impacts of changes to the rate could not or should not be considered when setting the rate, given that the personal injury discount rate can make significant differences to the amount of the award. <BR /> <BR />We must not underestimate the importance of getting the framework for setting the rate right for those who suffer personal injuries, in particular catastrophic, life-changing injuries, due to the negligence of others or who rely on their compensation award to meet future financial losses, including loss of earnings, the cost of future care and support and the provision of specialist equipment.”
“Therefore, a new framework for setting the rate is needed for Northern Ireland and will be provided for in the legislation. The key question is what legal framework will achieve as close as possible to the 100% compensation principle without veering too far towards overcompensation or under-compensation. That was the focus of the Committee's detailed and careful scrutiny of the Bill. Achieving 100% compensation is not an exact science, and assumptions have to be made about the future. Therefore, assessing the likely effect of the framework in setting the personal injury discount rate is not easy and poses a challenge. <BR /> <BR />The Committee considered the elements of the framework individually and in conjunction with each other before agreeing that it was content with the Bill and would not seek to amend it.”
“On behalf of the Committee for Justice, I welcome the Final Stage of the Damages (Return on Investment) Bill. The Committee appreciates the need for a stable, long-term personal injury discount rate to be set in Northern Ireland and for it to be reviewed at regular intervals, particularly given the uncertainty that there has been in recent times, with the reported negative impact in progressing cases under the previous rate and, more recently, the set rate of -1·75%, which, the Committee has been advised, is the lowest in the world and has the potential to lead to overcompensation in a large number of cases. The Minister set out very adequately the issues with that. <BR /> <BR />It is clear that setting the rate under the Wells v Wells methodology no longer reflects how claimants would be advised to invest their lump sums.”
“Without being facetious, I have to say that the Member's answer sounded more like a repeat on a well-known media outlet. It is the same answer as we have been given a number of times. This issue has been running on since 2016. When will the Commission make a decision and resolve this long-standing problem? People in the Building need to be respected and paid appropriately, including members of staff who have roles in the Chamber.”
“I thank the Minister for his answer and for the interest that he has taken in this issue in relation to the establishment of the pilot scheme. Clearly, from what he has said, there is a demand in rural areas for such a scheme. Will he outline his plans to progress the scheme in the weeks ahead?”
“Once again, police officers in Northern Ireland face finding themselves with less security and clarity in doing their job to protect us all. <BR /> <BR />While we welcome the progress that has been made, we sound a note of caution about what may follow in the weeks and months ahead. I encourage the Minister to do all that she can to ensure that all the necessary provisions that are at her disposal are put in place so that we have a full suite of legislation that ensures not only that our communities are safe but that those who inflict harm on them have the full force of the law coming after them.”
“While the principles are sound, the success of the legislation will ultimately depend on authorities across the UK putting in place practical arrangements to identify and track offenders at an early stage. <BR /> <BR />As a party, we would have preferred to have the provisions relating to the extraction of information from mobile and encrypted devices included as part of the legislative consent motion. However, the purpose of those changes was, on the back of concerns raised by the Information Commissioner, to clarify the lawful basis for data extraction from devices, mainly those of victims and witnesses, and with their consent. Without that, Northern Ireland authorities risk having to once again play catch-up with those in the rest of the United Kingdom.”
“<BR /> <BR />I also welcome the move towards mutual recognition and enforcement across the United Kingdom in relation to sexual offenders. Ensuring that sexual harm prevention orders and sexual risk orders are operational across each of our four regions and can be amended by authorities in each jurisdiction is a logical but important move. That reflects the fact that the risk of harm or repeat harm does not vanish the second that a sex offender moves from one community or country to another. I welcome the Minister's comments on that in the House this evening. We owe it to the victims of those serious offences to promote a joined-up approach.”
“Sadly, they operate in communities that face many challenges, including deprivation, a lack of employment and a lack of opportunities. Those who engage in such activity have a better and more lucrative lifestyle, and, sadly, some claim to represent their community, but that is far from the case. <BR /> <BR />I trust that the new power for local agencies to access samples of material that may relate to the location of human remains without the need for that to count as criminal evidence will unlock the door for better opportunities to give closure to victims and their families. That is welcome, particularly given our unique history and the long-standing absence of truth and justice for many victims of terrorism and other atrocities in Northern Ireland.”
“The ability to freeze and forfeit the proceeds of crime and terrorist property that is held online and in e-money institutions, in addition to banks and building societies, will open a new front in the war against organised crime gangs and paramilitaries. If we are serious about dealing with the scourge of organised crime gangs and paramilitary activity, we must use all possible tools at our disposal to ensure that that is the case. Tackling illegal wealth is an integral pillar of preventing harm and breaking the pernicious cycle of control and intimidation in the communities in which those groups operate.”
“As is set out in the Committee report, the Committee for Justice supports the Minister of Justice in seeking the Assembly's endorsement of the legislative consent motion. <BR /> <BR />That concludes my comments as the Chair. I trust that I have accurately reflected the time that was taken by the Committee to give due consideration to important provisions in the LCM. <BR /> <BR />I will conclude with a few comments in relation to the LCM as a Member of the House and on behalf of the DUP. The provisions of the Police, Crime, Sentencing and Courts Bill that extend directly to Northern Ireland are a positive step forward in the fight against serious and organised crime in Northern Ireland. I do not think that any of us doubts that the tentacles of serious and organised crime have, sadly, invaded our communities in recent times.”
“<BR /> <BR />On 21 October, the Committee considered the memorandum that had been laid by the Department of Justice on 12 October and agreed that it was content with the proposal to extend to Northern Ireland by way of a legislative consent motion provisions in the Police, Crime, Sentencing and Courts Bill relating to the Crime (Overseas Production Orders) Act; the management of sex offenders; the national driver offending restraining scheme; the application of section 29 of the Petty Sessions (Ireland) Act, 1851 to the provisions of the Bill, which will enable a judge in England and Wales to make an order authorising the police to obtain information about the location of human remains outside of a criminal investigation; and the application of an amendment to the Proceeds of Crime Act 2002 to Northern Ireland to bring electronic money and payment institutions within the scope of account-freezing and asset forfeiture powers in Northern Ireland.”
“<BR /> <BR />The Committee considered the responses from the Policing Board and the Department on 10 June and agreed to ask the Department for an update on the engagement with the Home Office to identify a suitable Bill by which to extend the relevant provisions in the UK Financial Services Bill to Northern Ireland. The Committee is, therefore, supportive of the proposals to include the provisions in the LCM for the Police, Crime, Sentencing and Courts Bill.”
“The Policing Board response highlighted a number of concerns and pointed out that, without the extension of the powers, the PSNI would be at a disadvantage compared with other police services in the UK and would be required to use existing restraint and confiscation powers that can take some time and are resource-intensive for the PSNI, the Public Prosecution Service and the courts. The board stated that it was likely that similar investigations regarding the funds of a suspect resident in Northern Ireland and a suspect resident in England would be treated differently, with the Northern Ireland investigation taking longer and using greater resource.”
“The Department's response advised that cryptocurrencies had been made subject to criminal restraint orders under the Proceeds of Crime Act. That has the effect of freezing property, which may be liable to confiscation following a trial and the making of a confiscation order. The Committee was also advised that the Minister had written to the Home Secretary to ask for her support to identify a suitable legislative vehicle by which to extend the relevant provisions to Northern Ireland as soon as was practicable.”