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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“The evidence shows that avoiding criminal justice outcomes and processes is vital to reducing offending and reoffending among children and young people and that restorative responses significantly lower rates of violence and reduce the number of future victims. A renewed focus on community-led, trauma-informed and rehabilitative responses to childhood offending is required. Equally, targeted early interventions on child poverty, housing insecurity and institutional care are critical. If we are to divert children and young people away from the criminal justice system sustainably, we need to focus on meeting their needs and on delivering child-friendly justice. <BR /> <BR />Raising the minimum age of criminal responsibility to 14 is not about excusing harmful behaviour. In fact, it is about preventing it.”
“The Department's public consultation found that there was overwhelming support — 84% — for raising the minimum age of criminal responsibility. With each passing year, we are increasingly out of step with international standards and a contemporary understanding that is based on data and research on child development. We also live in a society in which around one in four children grows up in poverty. We also have some of the highest numbers of children in residential care and experiencing homelessness. <BR /> <BR />Raising the minimum age of criminal responsibility fundamentally increases public safety.”
“Instead of pushing those young people deeper into the justice system, we can collectively use welfare-based interventions, counselling and restorative justice to address the root causes of their behaviour, whether that is trauma, neglect, poverty or abuse. The UN Committee on the Rights of the Child supports a minimum age of at least 14, and we wholeheartedly agree, with exceptions in only the most serious of cases: murder, attempted murder, manslaughter, rape and assault by penetration.”
“As Members noted yesterday, adverse childhood experiences are significant, and the question that we should be asking is this: what happened to you? We know that there is investment across every Department in advancing training to ensure that people know what adverse childhood experiences are and how they should be working with and supporting our young people. Do we really believe that the best place for those vulnerable young people is behind bars, or do we believe that they deserve a chance to grow, to change and to be more than their worst mistake? <BR /> <BR />Criminalising children does not make any of us safer. It unfairly traps vulnerable young people — disadvantaged kids — into a cycle of offending. A criminal record at age 10, 11, 12 or 13 is, in my opinion, a life sentence in disguise for those young people.”
“I agree 100%, and nobody across the House would dispute that, because they were young people themselves and tested boundaries. If children have love and a nurturing environment around them that sets boundaries and discipline, that is how they learn. I do not think that anybody can disagree with that. <BR /> <BR />Maintaining the minimum age of criminal responsibility should be reframed: it is actively choosing to keep a system in place that discriminates against children based on their vulnerability and their exposure to abuse, poverty, neglect, family breakdown and trauma. It is criminalising and detaining with no consideration of the emotional, educational and economic inequalities that those young people have faced or the future impact of stigmatisation or incarceration on their capability to turn their life around.”
“<BR /> <BR />Unsurprisingly, that is linked to several factors, such as individual and family backgrounds placing children and young people at increased risk of offending; extensive trauma, which fundamentally alters the nervous system and manifests itself in challenging behaviours; and heightened criminal involvement in residential settings compared with how similar issues will be resolved in a steady, nurturing family home.”
“Children's rights organisations have raised the issue of the criminalisation of care and the fact that children in care are over-represented in the criminal justice system here. We should all pause to reflect on the over-representation of children in care in the youth justice system. A report from 2022 contained an acknowledgement from legal professionals that disproportionately more children in care appear in court. In fact, since the report was written, the figures have continued to climb, and, as of 2024-25, 48·4% of children in custody were in care. I will say that again: 48·4%. That means that nearly half of all our young people who are detained have complex backgrounds stemming from the social care system, which clearly evidences a disproportionate over-representation.”
“<BR /> <BR />I am sure that everyone here can remember how they acted as a 10-year-old, 11-year-old, 12-year-old or 13-year-old. Children under the age of 14 often act impulsively and without the ability to fully grasp the long-term impacts of their actions. Surely, therefore, where we realise that there is a need to protect young people from premature exposure to adult responsibilities, adult risks and adult consequences, it is difficult to justify a system that continues to hold people criminally liable when they are of primary-school age. <BR /> <BR />I will focus my remarks on the impact of early criminalisation and the need for stronger, targeted welfare-based responses, early intervention and family support.”
“The reality is that the most vulnerable children will continue to be criminalised, and the most disadvantaged of those vulnerable young children will suffer the most. <BR /> <BR />The Ten is Too Young coalition took evidence from a wide range of European countries that overwhelmingly use welfare responses, diversion, education, family support and child protection-based interventions. In those countries, there are legal thresholds for compulsory school attendance, social media bans, medical consent and more. To reflect modern research on developing psychology and neuroscience, we must reflect children's capacity. The science is clear: the human brain, especially the parts responsible for impulse control, judgement and understanding consequences, is still developing well into the mid-teens.”
“I welcome the opportunity to speak at this stage of the debate on the minimum age of criminal responsibility. First, I will take a moment to thank the Ten is Too Young coalition, which is a group of six leading children's rights and justice organisations, and, more widely, the wider 60-plus organisations that Nuala just mentioned. All supported taking this huge opportunity to raise the minimum age of criminal responsibility. I thank them for their invaluable research, briefing papers and ongoing engagement. I also take the opportunity to apologise to those organisations for the situation that played out yesterday. Reflecting on last night, I felt that the quality of the debate was nothing short of disgraceful and that democratic right of people here to deliver significant legislative change has been left in a futile state.”
“I thank the Minister for the update. It is really positive news, and it is due to the ongoing investment by the Department and the fantastic tourism industry that we have in the city. Does the Minister agree that the images of racial violence that were portrayed throughout the world do not represent who we are and that we are, in fact, a welcoming place for tourists?”
“Thank you to the Minister for her commitment to the north-west in particular in addressing regional balance. Minister, how are you supporting the viability of City of Derry Airport?”
“<BR /> <BR />The Minister for Communities should respond to the recent research by Siobhan Casey, the Older People's Commissioner, who calls for legislation to prohibit no-fault evictions in order to protect a growing body of vulnerable, older private renters. I ask all Ministers in their respective Departments to continue to advocate, educate, raise awareness and enhance available protections for older people.”
“<BR /> <BR />The Criminal Justice (Sentencing etc) Bill will provide an opportunity to introduce targeted protections from offences motivated by a person's vulnerability. We will scrutinise the need for enhanced protections that recognise the variants of stereotyping, prejudice, intersectionality and discrimination. The Department of Health's Adult Protection Bill will also be important to the creation of a comprehensive legal framework for safeguarding adults at risk of harm that will enable those responsible for abuse or neglect to be held accountable. Through the Criminal Law (Adult Safeguarding) Bill 2026, our colleagues in the South of Ireland are progressing similar provisions to protect at-risk adults whose ability to guard themselves against violence, exploitation or abuse by another person is significantly impaired.”
“Yesterday was an important day. Supported by the United Nations, it was a day focused on promoting the dignity, rights, empowerment and independence of older people in all our communities. For World Elder Abuse Awareness Day, I will speak to the fact that, with our rapidly ageing population, we require a renewed focus across all Departments. Elder abuse remains under-recognised, under-diagnosed, under-reported and, therefore, overlooked. <BR /> <BR />Elder abuse can take several forms, including physical, psychological, emotional and financial abuse, as well as neglect. Devastatingly, it often occurs because older people lack visibility, protection, care and community-based supports alongside access to services. Only concerted and coordinated action can create a society for all ages.”
“Why are you pointing the finger over here?”
“You want to criminalise children. You are giving children a life sentence. That is what you are asking for: giving vulnerable young children a life sentence by criminalising them and stigmatising them for the rest of their life.”
“Stop focusing on the crimes of organised criminal gangs and how they coerce young people. Stay focused on the crime against the child — a child.”
“Absolutely. We are here to protect the child.”
“You are focused on the crime of organised gangs as if it is not a crime. It is a crime against the child.”
“This is not about wrapping all the services around the justice system. It is about wrapping services around the most vulnerable children and families. There are fantastic examples of such work. I have personally been engaged in work with a wrap-around service that involves the PSNI, the Probation Board and community or social services to intervene early to prevent vulnerable kids who are not attending school from going into the criminal justice system. If you go and look, you will find excellent models in the community under the tackling paramilitarism, criminality and organised crime programme. Go and speak to the people in communities who are working on that.”
“Whilst the amendment is vital to ensuring safe spaces and the freedom to travel and socialise with confidence, it is urgent to prevent the absolute devastation that would arise from loss of life as a result of e-scooter use. <BR /> <BR />I urge everyone to support amendment Nos 74, 75 and 90.”
“As for other pedestrians, we know that those machines create additional vulnerability and risk for people with disabilities, small children, older people, and others, as those vehicles often weave through them at speed or straight into busy, oncoming traffic, often causing terrifying near misses, dangerous collisions or serious injury. We have heard of lived experiences from people locally with sight and hearing impairments who have had their confidence knocked as a result of terrifying ordeals that affected their independence and led to further isolation. <BR /> <BR />The message needs to be loud and clear: we have a duty to act collectively, with a coordinated approach across sellers, users, owners, parents, the PSNI and statutory partners, to reduce the usage of such vehicles on our roads.”
“The reality is that younger children do not have the judgement, coordination or hazard awareness that such powerful devices require. <BR /> <BR />Just yesterday, Dr Ian Dunwoody, in the emergency department in Altnagelvin Hospital, highlighted the worrying rise in serious injuries that are linked to e-scooters and e-bikes. He is seeing injuries that are far more serious, with more children needing surgery. Likewise, the Faculty of Paediatrics of the Royal College of Physicians of Ireland has noted the unprecedented rise in brain injuries that are being caused by e-scooters. It stated:”
“Whilst such vehicles do not generally comply with construction and use legislation and vehicle standards for road usage, we all know only too well of the recent examples of the misuse of such adapted vehicles in our local communities, which is causing rising casualty figures and significant distress. <BR /> <BR />It is beyond concerning how many people, including children and young people, are driving those powerful machines without helmets or protective gear in residential areas, on pedestrian pathways and in public areas, causing risk to life or significant injury, not only to themselves but to others around them. As a Derry-based MLA, I know only too well the specific challenges in our neighbourhoods and our city, and recent policing efforts to conduct targeted operations in hotspots to seize illegally ridden vehicles.”
“<BR /> <BR />I also take a brief moment to recognise and praise the family of Enda Dolan, and other families, who are devastated by drink-/drug-related deaths. As the Minister noted, additional change is also needed in the upcoming Criminal Justice (Sentencing etc) Bill to bolster efforts to ensure that adequate deterrents are in place to protect other families from similar pain and heartbreak. <BR /> <BR />Amendment No 90 amends article 65 of the Criminal Justice (Northern Ireland) Order 2008, which grants police the power to immediately seize a motor vehicle that is being used in a careless or inconsistent manner, without warning. That applies to any mechanically propelled vehicle that is intended or adapted for use on roads, including e-scooters, e-bikes and scramblers.”
“It should be noted that the Road Traffic Act 2016 in the South of Ireland introduced roadside saliva testing. The gardaí can test at mandatory intoxication checkpoints. In addition, its Road Traffic Act 2024 made drug testing mandatory after serious collisions, aligning it with the regime for alcohol testing. <BR /> <BR />I emphasise that initial results from a 12-month, roadside drug wipes pilot here showed that around half of the people tested by police were positive for cannabis and/or cocaine. I welcome the fact that the Infrastructure Minister followed that with a significant investment in a targeted road traffic campaign, and her Department type-approved the drug wipes, making it possible for the PSNI to use drug wipes to detect the presence of drugs at the roadside.”
“I welcome the inclusion of amendment Nos 74 and 75 regarding drug testing at authorised checkpoints, and the strengthening of the wording of the Road Traffic (Northern Ireland) Order 1995 on the policing powers to administer preliminary tests.”
“My party welcomes and supports the three amendments in group 5 on drink- and drug-driving measures and police seizure of vehicles. Driving while under the influence of drink or drugs is one of the Fatal Five: the main reasons why people die on our roads.”
“We know that our prison population has increased by 50% over the last five years. I welcome your statement that prevention in the community and rehabilitation should be at the core of the justice system. Can you update us on any discussions you may have had with the Communities Minister and the Health Minister about the impact of community health and housing insecurity on both the reliance on short-term custody and recidivism rates?”
“I will finish by welcoming the repeal of the Vagrancy Acts and calling for unanimous support in the Chamber for that progressive change. I can only hope that it is strengthened by the roll-out of Complex Lives in Derry, substantial investment in affordable housing and the sustainability of vital wrap-around support services for those who are experiencing homelessness.”
“Thank you for that update. It would be useful to know whether you would also consider a review of that new addition to the legislation within a short time frame after commencement to consider whether the changes are proportionate and justified and, as stated, will not impact negatively on those who find themselves facing homelessness. <BR /> <BR />Chronic homelessness and simple begging are frequently driven by underlying vulnerabilities, including extreme poverty, trauma, adverse childhood experience and addiction. Sinn Féin does not believe that the use of a criminal sanction is the best way to respond to what is, in most cases, a social problem. As the 2024 report from the UN special rapporteur on extreme poverty and human rights indicated:”
“However, we know that, between January 2018 and June 2025, police received 721 calls involving the offence of begging, 715 of which were recorded and 255 of which received community resolution notices. The Minister had previously advised us of her intention to oppose the amendments, but, as she alluded to in her speech, she now believes that they are necessary, so it might be useful to hear from the Minister whether she would —.”
“Whilst the amendments in question do not explicitly criminalise homelessness, at this stage, we will cautiously welcome them, given that the PSNI has noted the potential for an enforcement gap. However, the provisions will need to be carefully monitored to ensure that they are not misused, do not de facto replace vagrancy legislation and do not inadvertently contribute to the stigmatisation, marginalisation or exclusion of those who are experiencing homelessness or poverty. <BR /> <BR />It is also notable that the PSNI indicated to the Committee that the data pertaining to the signposting to other agencies of those detected as begging is not readily accessible on the police system.”
“The amendments replicate those that were brought forward in the Crime and Policing Bill in Westminster. Amendment No 71 replicates clause 53 by making it an offence to trespass on an enclosed premises or building with the intent of committing an offence. The PSNI advised the Committee that it was concerned that not having such legislation could leave a gap in enforcement. Likewise, amendment No 72 replicates clause 52 by making it a specific offence to arrange or facilitate another person's begging for gain, which was deemed important to allow the police to tackle the criminal gangs and the exploitation of vulnerable people. It should be noted that the PSNI advised the Committee that no current evidence exists of organised crime linked to begging.”
“A range of front-line homeless support charities echoed that view. Whilst there may be commonalities, different people need different forms and levels of support to transition out of homelessness into sustainable housing, rather than being stigmatised and criminalised. <BR /> <BR />I have repeatedly welcomed the work of the Complex Lives initiative in Belfast City Council, which works in collaboration with voluntary and community sector organisations and statutory partners. I would like to see the initiative rolled out in Derry and beyond in recognition of the fact that a trauma-informed, collaborative approach is much more likely than any punitive measure to generate positive change. <BR /> <BR />I will briefly touch on two DUP amendments, Nos 71 and 72.”
“Additionally, the PSNI stressed to the Committee that rough sleeping consumes a lot of its time, the police being the first point of contact when it is reported. The PSNI indicated that there is a need for others to be more prominent in that space, and I reflect on the fact that the number of households with homeless status has risen by 122% to over 33,000 households, and our homelessness charities are significantly constrained by short-term funding arrangements, including quarterly settlements. <BR /> <BR />The 'Street Needs Audit' conducted in Belfast, Derry and Newry identified 288 individuals engaged in some form of street activity, including rough sleeping. As our colleagues in Homeless Connect stated:”
“I will focus on amendment No 70. For two centuries, the Vagrancy Act 1824 and the Vagrancy (Ireland) Act 1847 have enabled and upheld the criminalisation of homelessness, and we all recognise that that is shameful. That archaic and stigmatising legislation utilises terms such as "rogues" and "vagabonds" to reference those who are experiencing chronic homelessness, and it singles out people with disabilities, which is totally inappropriate, insulting and unethical. That legislation needs to be repealed. <BR /> <BR />Whilst I welcome the fact that the PSNI has said that no arrests or prosecutions have been made under section 4 of the 1824 Act, it is important to remove from the statute book legislation that stigmatises and criminalises rough sleeping.”
“Embedding such protections in statute has the potential to supplement our efforts to prevent any attempt to bypass or dilute fundamental rights through secondary legislation or guidance. <BR /> <BR />I will finish by reiterating our call for Members to support amendment Nos 49 to 51.”
“We have a duty to uphold their rights under the United Nations Convention on the Rights of the Child (UNCRC). <BR /> <BR />As I said in my opening remarks, we have examined PACE code C, and I appreciate that it dictates the strict legal requirements that must be followed regarding the detention, treatment and questioning of suspects in custody, including on receiving legal advice remotely and permitting video-based interpretation, subject to specific safeguards. Paul, you are asking for continual review of live links, and we feel that it would be more appropriate to include those safeguards in the Bill. We know the size and scale of the PACE codes, having received 100-plus pages of them, and think that it is critical for any new primary legislation to ensure absolute legal certainty and guarantee robust parliamentary scrutiny.”
“We have, however, heard stories about scores of children, including one about a child with severe learning disabilities who was forced to stay in a juvenile justice facility for three months after having been granted bail and a judge having ordered their release. We have also heard stories about children being placed in hostels, hotels and B&Bs, which are wholly unsuitable to meet their needs or to safeguard them, given their vulnerability. <BR /> <BR />Sinn Féin believes that the Minister and the Department, in conjunction with the Department of Health, have an urgent responsibility to place a major focus on that area. Significant reform is needed to ensure that we do not, inadvertently or otherwise, criminalise or unfairly detain vulnerable young people simply because of a lack of proper care infrastructure.”
“I have significant concern that looked-after children — children in the care of the state — are disproportionately represented in custody and are more likely to be detained owing to their inability to access timely social work support, to go back to their children's home or to find suitable alternative accommodation. I note that in the context of the growing population of looked-after children and the increasing complexity of today's society. <BR /> <BR />Although we did not table amendments for amendments' sake, in recognising that there are systemic accommodation shortages, we could not ignore the fact that, under the Children Order 1995, health and social care trusts have a strict legal duty to safeguard children and to promote adequate accommodation for them.”
“<BR /> <BR />When it comes to police custody settings, Criminal Justice Inspection carries out periodic statutory inspections of police custody suites. That work includes investigating and evaluating how custody procedures and technology are managed in the treatment of detainees. Importantly, CJINI is empowered to publish formal recommendations requiring the PSNI to make operational and systematic improvements to safeguard compliance with human rights and legal standards. It would be remiss of me not to acknowledge at this point that CJINI and the Regulation and Quality Improvement Authority have raised issues about the lack of implementation by the PSNI of its strategic and operational recommendations, such as on the need for a "consistent, quality health service model" across custody suites to ensure that a person has:”
“Although court administration is handled internally for audit purposes, Criminal Justice Inspection has a role to play in examining, for example, to what extent case progression officers ensure the availability of suitable technology and interpreter facilities. Equally, work by Victim Support is under way to share client feedback to reflect whether remote evidence centres are working in practice. <BR /> <BR />The Commissioner Designate for Victims of Crime indicated that the civilian remote evidence group had assured her in 2022 that it planned to discuss the evaluation report on the Foyle SightLink pilot. Although SightLink has been replaced by the justice video platform, perhaps more work remains to be done to strengthen public debates about internal reviews of technology in practice.”
“We have also reflected the importance of recording any issues or interruptions that arise during the live link arrangement. Whilst we appreciate the well-intentioned amendment from the DUP to review the use of live links in court and tribunal settings, that information is currently monitored and recorded by court staff. It would be more informative to consider how the data already being captured is complying with the non-diminution commitment in the Bill and to hear the Minister's view on whether that technology is fully compatible with the rights of vulnerable people.”
“<BR /> <BR />Sinn Féin has reflected on the EU victims' rights directive and the EU interpretative directive on PACE code C alongside the Victim Charter on the importance of safeguards for the rights of all victims, including persons suspected of a crime. We have given additional consideration to specific challenges for those who do not speak the language of the criminal proceedings or have other intellectual or communication impairments that may affect their ability to communicate effectively via the live links. <BR /> <BR />Sinn Féin's amendment Nos 49 to 51 reflect the significance of that area in the Bill. That applies to the context of the explanation by a custody officer to a detainee of the nature of the live link arrangement and their rights but also in the context of the custody record relating to the arrested person.”
“The commission acknowledged that it can assist vulnerable witnesses, those who cannot travel for bail applications or if difficulties arise in producing someone in person due to serious illness but, importantly, should not be used for efficiency in order to save resources. Importantly, the Commissioner Designate for Victims of Crime identified that utilising videoconferencing technology has a range of benefits, including reducing the impact on vulnerable people; allowing children and victims of domestic violence, for example, to give evidence in child friendly or neutral, safe environments; and reducing risks of unplanned encounters with defendants.”
“I welcome the fact that the Justice Bill includes a provision to finally place the temporary measures under the Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) (No.2) Order 2025 on a permanent footing. That relates to the use of videoconferencing technology or live links in courts, tribunals and police custody functions relating to criminal and civil proceedings where the judiciary decide that a person's participation in proceedings remotely would be in the interest of justice as per schedule 27 to the 2020 Act, assessed on a case-by-case basis. <BR /> <BR />The Human Rights Commission emphasised that due regard must be given to the protection of article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial.”
“<BR /> <BR />Given a wealth of evidence that demonstrates the criminogenic stigma and negative impact on children's life chances arising from contact with the criminal justice system, Sinn Féin believes that we must seriously consider the extent to which any measures proposed may result in undue stigmatisation or reduced opportunity for genuine reintegration. Significant reform is needed across our justice system to make it more efficient, transparent and worthy of public confidence. Whilst it must be victim-centred and capable of delivering community safety and public confidence, it must, in all its undertakings, also be rooted in respect for human rights. <BR /> <BR />Our proposals are reflected in amendments Nos 11 to 13 and 23 and 24. I therefore encourage all Members to support those amendments.”
“Importantly, there should be strong justification for any prolonged retention of children's biometric data, and the risks associated with its processing must be recognised, assessed and managed. For less serious offences and where grounds are not established, there should be no retention of children's data. <BR /> <BR />The presumption of innocence is a fundamental principle of the justice system, so arguing for data retention on the basis of investigating future crime is a highly contested human rights issue. We support a position that mandates children's rights to be actively evaluated during all ongoing biometric storage assessments and provides for children to be adequately informed in a manner understandable to them and for suitable opportunities to be provided to children to verify the deletion of their personal data.”