All of Mrs Naomi Long’s imported questions, contributions and motions in this mandate, newest first, including those assessed as not flagged, uncertain or not yet analysed.
Thank you, Madam Principal Deputy Speaker. I am encouraged by the engagement that we have had today. It was a good debate with a good exchange of views, and I thank everyone who contributed to it. It was very helpful. At the outset, as comment was passed on the extent to which the Bill has been amended, I say that…
What I said was that the second part of the amendment would be dealt with through PACE codes. The first part of the amendment does not fall within the competence of the Assembly, because it relates to terrorism offences and other reserved measures. You cannot pass one part of the amendment without passing both parts.…
I appreciate the Member giving way. He has been very generous with his time, as Members generally have been, which is good, because it is better that we have these open exchanges. The reason that the Department did not put it in the Bill is because the work had not been done to bottom that out. Work was to be done by…
First, it is tied to the seriousness of the offence because the 75 years is for serious and adult offending. Secondly, it is proportionate because there are opportunities for people to seek a review of whether their data should continue to be held. They have the opportunity to go to the biometrics commissioner and…
That three-year period is to allow for where somebody has not been charged because the investigation may be ongoing. The police need a grace period during which they can hold and retain that data, and it may become pertinent at another point in their investigation. When someone is acquitted of a crime, it is a…
We have already established via a number of interventions that, if somebody is acquitted, it is only in extreme circumstances — where the biometrics commissioner judges that it is necessary — that their data will be held. Otherwise, that would be in breach of human rights law. I am not sure why we are still repeating…
The biometrics commissioner will not be answerable to the PSNI; in fact, the commissioner's decisions create a requirement on the PSNI to take action. Rather than the PSNI being able to direct a commissioner, the commissioner can direct the Chief Constable to remove stuff, and the Chief Constable would be obliged to…
To be clear, when it comes to the independence of the biometrics commissioner, there is no question of their being answerable to anyone in a political sense. Indeed, we have stressed that we do not wish to constrain how the office would operate, in the same way that we respect the independence of the Policing Board,…
I thank the Member for giving way. I do not disagree with her about young people being brought into the formal justice system prematurely when there are alternative disposals. That is something that we will debate later on, as part of amendments to the Bill. However, the retention of DNA does not institutionalise or…
I thank the Member for giving way. I, too, understand that importance. He will be aware that I am committed to ensuring that, as far as possible, we remove young people from the criminal justice system at a young age in order that we can provide alternative ways to hold them accountable for their conduct and behaviour…
I reiterate that there are two concerns about Gerry's proposals. The first is about national security determinations, which are a matter for the UK Government and do not fall within our purview, as they are reserved matters. Paragraph(2)(c) of amendment No 38 falls outside our legislative competence. That is the first…
Does the Member agree that if, for example, somebody who was released without charge during an investigation and had their data immediately removed from the police database went on to commit further serious offences, that would be seen as a failure of the PSNI's investigatory processes and that there therefore have to…
I thank the Member for giving way. I want to provide clarity, because the retention of the data of people who have been acquitted was discussed earlier. In order to comply with human rights, if someone is acquitted, their data has to be removed from the database. If the police wish to retain it, they will have to…
The holding of a person's biometric data is not a presumption of their guilt or that they are likely to offend further. The holding of biometric data is a tool to allow the PSNI to investigate crime thoroughly as it occurs. It does not limit the cohort of people that the police will investigate to those whose data is…
I appreciate what both Members have said. To reassure them, there is a mechanism in the Bill to ensure that, where there is an open or unsolved case, data can be retained. The police will review their files every five years to make sure that the case is still open and then make a decision about whether retention is…