Ciara Ferguson
Foyle · Sinn Féin · Northern Ireland
“<BR /> <BR />The Victims and Witnesses of Crime Bill instructs the commissioner's office to prepare a strategic plan as soon as reasonably practicable after their appointment to review the effectiveness of the Victim Charter and the Witness Charter at least every three years and to provide annual business plans and reports.”
“Sinn Féin very much welcomes the fact that the Bill is the continued evolution of that work to strengthen the rights of victims and witnesses of crime, including the right of complainants to an opportunity to make oral or written representations to the court about any application, to be present at any hearing of the application and to be…”
“<BR /> <BR />The Bill will strengthen protections for complainants in serious sexual offence cases in which pretrial applications for a witness summons are made.”
“It is important because being a victim or a witness of crime is often a traumatic experience that requires dedicated support to recover from. It is important because all victims and witnesses of crime should be subject to a fair and supportive legal system that fully engages with them.”
“Victims and witnesses of crime are entitled to be treated fairly, professionally and with respect in all their interactions with the justice system; to be kept regularly updated, including being provided with relevant information in a timely fashion; and to have their needs considered.”
“I welcome the opportunity to speak at Second Stage of the Victims and Witnesses of Crime Bill. I will begin by acknowledging the importance of the Bill in placing the Commissioner for Victims and Witnesses of Crime and that office and its functions on a permanent statutory footing.”
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“We must deliver full-scale reform across our justice system to support, protect and actively improve the overall experience of victims and survivors. We must scrutinise the Bill through that lens.”
“It is important because being a victim or a witness of crime is often a traumatic experience that requires dedicated support to recover from. It is important because all victims and witnesses of crime should be subject to a fair and supportive legal system that fully engages with them. It is important because we need to ensure that all future victims and witnesses feel capable of and confident about reporting crimes so that they can give their best evidence and so that we can bring offenders to justice. <BR /> <BR />I look forward to further engaging with Justice Committee colleagues throughout Committee Stage and to supporting the Minister and the Department in fulfilling their work under the Gillen implementation programme.”
“Sinn Féin very much welcomes the fact that the Bill is the continued evolution of that work to strengthen the rights of victims and witnesses of crime, including the right of complainants to an opportunity to make oral or written representations to the court about any application, to be present at any hearing of the application and to be legally represented at any such hearing. <BR /> <BR />The judiciary must be supported to strike a careful balance between ensuring that the defendant receives a fair trial and protecting and upholding the rights of complainants. No person should face the horrifying ordeal of having their sexual history or private information unfairly or very publicly dragged through the courts. How we treat victims and witnesses of crime is of paramount importance.”
“<BR /> <BR />The Bill will strengthen protections for complainants in serious sexual offence cases in which pretrial applications for a witness summons are made. That relates to court summonses that compel a complainant to attend court to give testimony or to produce vital documents, such as their medical history or counselling or other private records. We all know of particularly significant cases in the past decade that sparked intense debate on that element of scrutiny of private life in the legal system. Unsurprisingly, that prompted much-needed review and re-evaluation of how current legal processes work in practice, including the influential Gillen review, which provided an extensive look at the law and procedures involved in serious sexual offences here.”
“Victims and witnesses of crime are entitled to be treated fairly, professionally and with respect in all their interactions with the justice system; to be kept regularly updated, including being provided with relevant information in a timely fashion; and to have their needs considered. Part 2 is therefore hugely important in its strengthening of the special measures for victims and witnesses of crime in cases involving aggravation by hostility and sexual offences. It will amend the Criminal Evidence Order 1999 to prevent direct cross-examination by the defendant in cases involving aggravation by hostility and will also amend article 30 of that Order, on procedure on applications relating to a complainant's sexual history.”
“and the fact that the Bill cements the commissioner's right to:”
“I therefore welcome the provision that the commissioner:”
“<BR /> <BR />The Victims and Witnesses of Crime Bill instructs the commissioner's office to prepare a strategic plan as soon as reasonably practicable after their appointment to review the effectiveness of the Victim Charter and the Witness Charter at least every three years and to provide annual business plans and reports. We have a duty to ensure that all victims and witnesses of crime receive the dignity, protection, communication services and support that they deserve. <BR /> <BR />The Victim Charter and Witness Charter should not be tick-box exercises but should be the foundation of action and the highest standard of support services. All charter providers must place the utmost importance on providing victim-centred services that make the system easier for victims and witnesses of crime to navigate.”
“I welcome the opportunity to speak at Second Stage of the Victims and Witnesses of Crime Bill. I will begin by acknowledging the importance of the Bill in placing the Commissioner for Victims and Witnesses of Crime and that office and its functions on a permanent statutory footing. That will strengthen recognition of the vital work undertaken by the commissioner's office, safeguard its independence and secure accountability and sustainability. I place on record our thanks for the hugely significant and important work that has been undertaken by Geraldine Hanna, the commissioner designate, since her appointment in March 2022, following her role as CEO of Victim Support.”
“What progress has been made in implementing the recommendations of the Criminal Justice Inspection (CJINI) report that found unacceptable levels of inappropriate use of care and supervision units in prisons?”
“I thank you for your detailed answer. Is the Commission's sign language interpretation services contract available to Members, for instance, if they need to book interpreters?”
“I just want to note that it is about having a clear evidence base for the impact. You made an assumption that, if it were to change, more work could be done, but it could be the opposite. We do not know. We do not have the information on the impact that the change would have.”
“Minister, that is not my role as a Committee Member. I have asked the Department on numerous occasions — you will be well aware; it is on the record — for the same information on who the departmental officials were working with. For a year at the time, I perceived that they were working with and speaking to the taxing master. Unfortunately, when we met the taxing master, they had not even had a meeting with your departmental officials on this.”
“Whilst fees must keep pace with the cost of business, we must ensure that legal aid work is sustainable, that any reviews are done in a regular and consistent manner and that legal aid solicitors remain readily available to protect access to justice. <BR /> <BR />Whilst we sympathise with the wider conversation on reform of legal aid, to protect and enhance its availability and accessibility further work is needed at this stage by the Minister and her Department, in collaboration with the Law Society, the Bar, the Criminal Bar Association and others, to engage on any reforms, and for there to be timely presentation of the assessment that they are suitable and practical to meet that core objective. For all those reasons, we cannot support amendment No 91.”
“In addition, further pressure was applied in tandem with the proposed reforms through the recent strike action by the Criminal Bar Association. However, we very much welcome the fact that the Justice Minister accepted all the recommendations of the recent review, which resulted in the conclusion of the strike. <BR /> <BR />The Department will implement the increase to all criminal, civil and family legal aid fees, with estimated additional payments being received by solicitors in early 2027. Nonetheless, the Crown Court criminal caseload at 31 May 2026, based on Courts and Tribunals Service data, had increased by over 50% since 1 January 2026, including over 1,800 cases awaiting arraignment, a trial date or sentencing.”
“<BR /> <BR />We argue, however, that sufficient detail has not yet been provided on how the proposed changes in new clause 27A will not inadvertently undermine the financial viability of legal aid work, particularly amidst the ongoing pressures that have been outlined.”
“Minister, while we can sympathise with the need to ground legal aid in a broader framework that recognises it as a fundamental public responsibility, we are somewhat concerned that the Department has been unable to provide sufficient detail on how future remuneration rates will be determined. Legal aid is not merely a publicly funded service but a lifeline for many. It supports vulnerable individuals through some of the most challenging moments of their lives, from custody battles to navigating sensitive cases. Access to legal aid, where needed, helps people to understand and assert their rights and entitlements, to be empowered to use the law and to be represented in courts and tribunals, where needed. Access to legal aid buys a critical role in enhancing citizenship, upholding rights and reducing social exclusion.”
“It would also be beneficial if reforms could evidence some degree of support among those who represent the legal advice and services sector and work in it daily. That would give a bit more confidence. <BR /> <BR />I will give way to the Minister.”
“I will, but I will get through more of my speech first. <BR /> <BR />It is not that anyone is opposed to future reform — that is clear, and the Bar noted that — but it must be done in a way that produces a sustainable and effective justice system. It is important that any proposals that could radically change the existing system be evidence-based, warranted and accompanied by a clear evaluation of the benefits, the costs and the reasoning for change. <BR /> <BR />There is also the issue of scrutiny and accountability. The proposals to give the Department unilateral power to set remuneration fees internally came late in the day, as the Minister knows, and the Committee had no opportunity to scrutinise them. Such a radical departure from existing practice on legal aid deserves proper consideration and full scrutiny.”
“The clause, at this stage, feels to the Bar like, as others have said, a legislative blank cheque for the Department. Thus far — it is important to say "thus far" — it did not feel that it had received any understandable rationale, indication or clarification of what the proposed alternative configuration would look like or what benefits it would derive in comparison with the current role of the taxing master.”
“I am going to proceed, and I will maybe let you come in then. <BR /> <BR />The taxing master operates with oversight and safeguards that are attached to their legal obligation. They have a legal obligation to protect the legal aid fund. Indeed, the taxing master and the Lady Chief Justice confirmed to the Committee in January that the taxing master has a duty to the legal aid fund when determining the hourly rate for solicitors and interlocutory fees for barristers. In taxing a bill of costs, the taxing master is, essentially, independently reviewing and settling the amount to be paid for legal work. The Bar could not say that it was satisfied yet with how the proposed reforms in clause 27A and any rigid fee structures or restricted uplifts in complex, sensitive and vulnerable cases would work in practice.”
“To be honest, Minister, you are basically asking us to approve a broad power without us having the detail of how it will operate. That is what I would like to see. Likewise, you mentioned the taxing master changing: there was no increase in 10 years, and you are highlighting that as an issue.”
“Minister, if you can recall, you will know that, for over two years, I have been asking departmental officials what the remuneration orders are and how they will be set. They were to liaise with the solicitors and the barristers. I still have not received that information, and I still am not aware of what those will look like. It is not that we oppose an open, fair and transparent process, but it is hard when you do not have the evidence base for why it is being done, plus the fact that we do not have in front of us what this will look like and what impact it will have on the current legal aid system and on local people.”
“<BR /> <BR />Clause 27A in amendment No 91 was drafted to replace clause 28, which was debated at First Stage and Second Stage. Clause 28 would have removed the role of the taxing master from the assessment of certain legally aided fees. Clause 27A was received during the latter part of the Committee's scrutiny. Its practical effect would be that the taxing master, when determining costs, must do so in line with the relevant fees, rates and arrangements set out in an unknown remuneration order to be set by the Department at a later stage. <BR /> <BR />The Bar raised concerns about clause 27A with the Justice Committee. The current taxing master is an independent, evidence-based judicial office holder.”
“I thank the Minister. It is great to hear that payments are now being made more swiftly. A few years ago, they were not being made swiftly, and we were heavily dependent on legal professionals waiting for six months before they were paid. <BR /> <BR />On the timely provision of legal aid funding, I once again mention the low fees and high operational costs that come with associated risks to the sustainability of our small companies and legal professionals, particularly those in rural areas. Those run in tandem with the ongoing closure of Magistrates' Courts in certain localities, which creates additional risk for economically disadvantaged and rural areas. We do not want an exodus of legal talent and local services in specific areas of law, such as child custody, care, immigration, housing and social welfare.”
“Measurable outcomes include enhanced quality of life, reduced family conflicts, fewer criminal convictions and savings across our public services, including in social work and policing. Legal aid should therefore be upheld and protected as an essential component of a fair and functioning justice system. Concerningly, however, significant challenges exist regarding the timely provision of legal aid funding, low fees and high operational costs, with associated risks to the sustainability of smaller firms and available legal professionals, particularly in rural areas. The Minister said that she felt that that was not the case, but, going by conversations that I have had with many practices in the north-west in particular, my visit to the courthouse and the conversations that I have had at the all-party group, it is the case.”
“I thank the Minister for her intervention. I was not suggesting that you were considering legal aid solely on cost; I was trying to set out the context of how critical legal aid is. Similar to security and welfare benefits, it is about supporting our most vulnerable. I am setting it in the context of the debate. <BR /> <BR />We need to be aware that, not so long ago, our legal companies were waiting for six months before they were paid their fees. They were working in kind while they awaited their fees. If it were not for them, many would not have been able to access legal justice. <BR /> <BR />I thank the Law Society for the research that it did in January 2025. It found that, for every pound invested in legal aid, approximately £8·32 is returned in social value.”
“The debate on amendment No 91 must be considered in the broader context of protecting individuals and safeguarding their right of legal access. It is therefore fundamental that discussions around legal aid are set in the context of the social security and welfare system being resourced and capable of protecting vulnerable individuals in society. Without meaningful access to legal representation, the protections guaranteed under our human rights instruments and obligations risk becoming irrelevant, particularly for those facing financial hardship or social disadvantage. <BR /> <BR />It is important to pause at this point and recognise that legal aid should not be viewed solely as a cost. That completely misses the point of the significant return on investment that it delivers.”
“Those rights are recognised in several international and domestic frameworks, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the Human Rights Act 1998. <BR /> <BR />Effective legal remedies were further developed in the case of Kreutz v Poland, in which the court held that the requirement to pay substantial fees to the court was a restriction on the individual's right of access to a court. The court stated:”
“Access to justice is a cornerstone of our legal and political system. It is not a buzzword or a phrase; it is the very foundation of a fair and accessible justice system that works for everyone in society, regardless of income, identity and background. Upholding the rule of law requires a legal system that has the capacity to provide equitable, impartial and accessible justice. Legal aid and local access to legal firms, professionals and pro bono advice services are some of the core pillars of delivering justice in practice. Everyone has the right to a fair hearing. Everyone has the right not to be treated unfairly or be denied rights on the basis of gender, race, religion, sexual orientation or disability. Everyone has the right to effective legal remedy when their fundamental rights are violated.”
“<BR /> <BR />If we want to truly transform our justice system and deliver a system that promotes understanding, responsibility and lasting change whilst reducing reoffending, restorative justice is a central piece of that puzzle. Specific investment must be secured for that area of work if we are to choose restorative justice hand in hand with responsibility. Restorative justice reduces reoffending, protects victims and delivers a more compassionate, competent and credible justice system.”
“Restorative justice practitioners lay the foundation for long-term peace, resilience and cohesion across our communities. Organisations such as Community Restorative Justice (CRJ) Derry, whilst delivering vital conflict resolution efforts, are also doing huge early intervention and upstream preventative work with our children and young people and in our schools. Accredited training, interactive workshops, mentorships, bespoke conflict resolution programmes and community safety training are being provided across schools, youth and sporting clubs, and in our community and statutory organisations in Derry City and beyond.”
“I thank the Minister for that update. It is important that we deliver ongoing reliability and quality and professionalism of service, adequate safeguards and conditions for case handling as we expand and develop our restorative justice services. I recognise that practitioners have, thus far, agreed on testing the model and to assess from there how it will work in practical terms. <BR /> <BR />I finish by acknowledging that restorative justice empowers local communities. The Department must embark upon ongoing, meaningful consultation and genuine collaboration with the existing organisations, including Restorative Justice Ireland, given its decades of experience in the unique context of society. Due recognition should be given to our specific social, political, cultural and historical context.”
“<BR /> <BR />We very much welcome the transfer of accreditation and oversight powers from Britain to the local Department. However, I ask that we reflect on commentary from Professor Kieran McEvoy of Queen's University Belfast, who asked why Community Restorative Justice Ireland and Alternatives are having to start from scratch despite having three decades of experience, and how that makes any intellectual, practical or political sense. Perhaps, the Minister could shed some light on her thinking in that regard.”
“Additionally, as we know that budgetary pressures limited the roll-out of the enhanced combination order programme for the Probation Board, we retain a degree of concern about the guarantee of future expansion and roll-out of the adult restorative justice pilot into other areas. <BR /> <BR />I place on record the significant benefits of restorative justice, including in respect of accountability, victim satisfaction, reduced reoffending and community cohesion. Restorative justice works for early intervention, fostering dialogue, empathy, emotional healing and accountability. It works for de-escalation, preventing underlying conflicts from developing into more serious criminality. It works for reducing reoffending and promoting long-lasting behavioural change by repairing harm and delivering accountability.”
“A multi-agency task and finish group, including departmental representatives, the Courts and Tribunals Service, the Probation Board, PPS and the PSNI, alongside the Department's restorative justice working group, is actively looking at adult restorative justice and diversionary disposals. That is welcome. <BR /> <BR />While it was acknowledged that Ards and North Down and Lisburn and Castlereagh, to be followed by Antrim and Newtownabbey and Mid and East Antrim, were chosen as areas for the adult restorative justice pilot, it was queried why the pilot was not initially focused in areas that have existing restorative justice infrastructure.”
“Therefore, it is hugely welcome that the amendment would advance and develop the availability of restorative justice practitioners. <BR /> <BR />I acknowledge that, when Community Restorative Justice Ireland and Alternatives spoke at Committee in October, they raised some concerns. One issue that they raised was the relatively low figures of community resolution notices that were being actively passed across to CRJ and Alternatives by the local neighbourhood policing teams. Additionally, there were concerns about the impact of budget constraints on the roll-out of services and ongoing expansion.”
“For almost three decades, those organisations have provided community-based mediation, advice and intervention services, including victim and family support and youth mentoring, to resolve and reduce harm, restore relationships and promote accountability. <BR /> <BR />As a Derry MLA, I am fortunate that the Cityside benefits from Community Restorative Justice (CRJ) Derry. Many community organisations and I rely heavily on its services and its team of trained mediators and practitioners, who actively engage daily not only in the community but with schools, the PSNI and a range of other organisations. I also recognise that many other areas, including other parts of our city, are crying out for similar services to be available locally.”
“The first adult restorative justice strategy here was published in March 2022. The revised restorative justice protocol was published in July 2023. An interim protocol lead was appointed in February 2024. In September 2025, the Committee received an update on restorative justice and the work of the interim protocol lead from the Department's reducing offending division. That was just prior to the publication of the new practice standards and accreditation framework the following month. <BR /> <BR />My remarks on group 7 will focus on amendment No 87, which relates to restorative justice. I must start by taking a moment to acknowledge the significant impact of the work undertaken by Community Restorative Justice Ireland (CRJI) and Alternatives.”
“Who is in the Northern Ireland Executive?”
“We took the kids who were most at risk, were not attending school and were in low-level crime, pulled them out of school, educated them, supported them and basically gave them a granny who would look after, nurture and care for them. Some of those young people are now employed and are some of the best employees that companies have in the community. That work has been done over the past 15 or 16 years across all Departments, to give them their dues. That is from someone who has worked in the heart of the community, supporting children and young people who are most vulnerable and who, if not supported, will end up in the criminal justice system for the rest of their days.”
“As someone who worked in this area from 2009, I can say that there has been loads of progress. I was not working in here but in the heart of communities with the most vulnerable kids. Back in 2009, family support hubs were set up. We have 29 family support hubs. We recently saw an announcement of £60 million. We have Sure Start programmes. We have joined-up services. Our organisations at a local neighbourhood level are way ahead of the Assembly, because they collaborate. They work together, look at all the programmes and use whatever resources they can to target the most vulnerable. Look at the Executive programmes under tackling paramilitarism: I ran a series of programmes under the tackling paramilitarism programme.”
“It is not about additionality — additional money or additional services. It is about how we treat young people. Whether or not you adopt a punitive approach — it might be in a community playgroup, a primary school or secondary school — it is about how you support children. It is not about additional resources. It is about looking through a trauma-informed lens when you are working with vulnerable or disadvantaged children. That is the answer.”
“You are talking about the jump. We have discussed this over these two days and the neuroscience around it. If a child is making a transition from primary school to secondary school or going through a change in hormones or experiencing trauma, poverty and everything else, the longer the issues that the child is experiencing remain unaddressed, the higher the chance that they will be involved. As time goes on, there will continue to be more children.”
“<BR /> <BR />Finally, I appeal to those who have signed the petition of concern, particularly to those who claim to have the best interests of children at heart: it is not too late to change your mind. In two weeks' time, you will have the chance to remove your name from that cynical petition and let the democratic process happen. You have the chance to reflect, rethink and listen to the voices of the experts. I strongly encourage you to adopt these progressive, evidence-based proposals and raise the minimum age of criminal responsibility.”
“Instead, locally elected representatives have been blocked from exercising our duties to debate and vote on an important issue, yet we were elected by our communities to do so. It is completely unacceptable. In my opinion, it is a disgrace that the petition of concern was misused. <BR /> <BR />To those across the Chamber who deployed the petition in such a cynical manner, I say this: if you are so confident in your position, go and speak to the 60-plus organisations. Go and read the evidence and explain to them that they are wrong. Do not block the rest of us from exercising our legislative responsibilities, which we have been mandated to carry out by our constituents.”
“<BR /> <BR />We had a huge opportunity — a real chance — to make a positive change for our children and young people. We had an opening to follow the evidence and raise the minimum age, thus putting human rights at the forefront of our youth justice system. Rather than retain one of the lowest ages of criminal responsibility across Europe, we had the opportunity to modernise our youth justice laws, put in place stronger, evidence-based interventions and enhance our existing youth justice provisions, which are recognised around the world. <BR /> <BR />The petition of concern was introduced as a process to protect minority rights, enable equality across communities and ensure human rights compliance.”
“It is a progressive and evidence-based proposal that is rooted in international human rights standards. Instead, the DUP, the Ulster Unionist Party and the TUV have chosen to remove our ability to vote by misusing a mechanism that was introduced to protect minority rights to block progressive change. The absolute absurdity of that is playing out in practice now when the co-sponsor of the amendment and the Minister, who is the Bill sponsor, cannot even vote on their proposals. Those who signed the petitions of concern, particularly those in the UUP who initially refused to do so, should go and meet the 60-plus organisations that we have all met and explain their decision to them. Discuss the issue with them, read their evidence and relay to them the rationale and reasoning behind your decision on the minimum age of criminal responsibility.”
“Rather, it strengthens the interventions that will be used: interventions that are proven to better rehabilitate, to reduce reoffending and to improve public safety. Restorative justice can give victims a voice, an apology and real change, not just a sentence on a piece of paper. Let us choose a justice system that heals rather than harms our young people. <BR /> <BR />Give our children — all our young children — the chances that they deserve. Let us not punish children into becoming adults whom each and every one of us, and our communities, will fear. Instead, let us invest in a system in which they can become the types of adults that we need for our community into the future. Expert organisations, practitioners and human rights institutions all support that vital change.”
“It is about recognising that children need guidance, not a criminal record. It is about replacing punishment with rehabilitation and substituting fear for opportunity. Criminalising children does not make anyone safer, but it does trap children in a cycle of offending. Countries that have made the change see fewer children reoffend, stronger communities and a better future for their young people. We can protect the public, honour victims and support children simultaneously. Through restorative practices, rehabilitation and secure care, where needed, we can deliver better outcomes without branding vulnerable children for life. Reform does not weaken the ability to intervene on harmful behaviour.”