Debate contribution: Justice Bill: Consideration Stage

Debate contribution by Mrs Ciara Ferguson on 2 June 2026.

MLA

Mrs Ciara Ferguson

Party at the time

Sinn Féin

Date

2 June 2026

Type

Debate contribution

Business

Executive Committee Business

Heading

Justice Bill: Consideration Stage

Assembly identifier

Official Report component 5584455

Read the official Assembly record

Text

I welcome the opportunity to speak at the Consideration Stage of this important Bill as a member of the Justice Committee. I acknowledge and deeply thank the wide range of organisations, legal professionals and Assembly staff for the extensive work that they have undertaken to support the scrutiny of the proposed legislation during the prolonged Committee Stage. I also thank the young people who engaged with us during a round-table event on the Bill. It is important to acknowledge that young people and children's rights organisations, including the Children's Law Centre, the Commissioner for Children and Young People, Include Youth, the Voice of Young People in Care (VOYPIC), Barnardo's, the Youth Assembly and others, highlighted significant concerns about the existing systems that deal with children and young people in the justice system, the negative impacts of the perpetuation of social stigma, which undermine rehabilitation and the prevention of reoffending, alongside the ongoing lack of suitable bail accommodation for children and young people here.

We all have a duty, in the context of prison population pressures and the overall higher youth reoffending rate here, to assess the structural barriers to reintegration following both criminalisation and custody, including the ways in which economic disparity and social alienation are driving reoffending due to unmet need and systematic exclusion, alongside how proposals will contribute to strengthening early intervention, diversion and community alternatives to detention.

I therefore want to focus on a few important amendments tabled by Sinn Féin in relation to restricting the right to retain the biometric data of children and young people under 18. As my party colleague has mentioned today, the Marper ruling in the European Court of Human Rights sets an important precedent in relation to how any blanket or indiscriminate retention must be considered in the context of proportionality and balancing the right to privacy. When it comes to the retention framework of those under 18, Sinn Féin, like many organisations with which the Committee engaged throughout its deliberations on the Bill, remains seriously concerned that the Bill as drafted goes beyond what is necessary. Whilst I note that the Bill as drafted includes shorter retention periods for under-18s than for adults, that was carried over from schedule 2 to the Criminal Justice Act (NI) 2013. It was approved 13 years ago, but it has never been commenced. It is now 2026. Sinn Féin supports a stronger differentiation for the special position of children and young people than that which has been proposed. Many of the children's rights organisations also noted their support for that in our Committee meetings. Whilst the Minister suggests a breadth of different retention periods from five years to 25 years for those convicted of a minor offence with a custodial sentence of less than five years but with a previous conviction, we want to see a similar model to that adopted by Scotland, which is set out in a code of practice. That is a statutory code of practice from 2022, not something from 2013. We want to see it reflected in the terms of reference for the biometrics commissioner for its phase 1 thematic review of biometric data relating to children. In 2020, Scotland took a whole-system approach to youth justice, focusing on keeping children out of the formal justice system as far as possible and with recognition of the principles of proportionality, necessity and presumption of innocence. Due consideration and acknowledgement must be given to the specific risks of stigmatisation of children and young people. Minister, I know that you do not believe that the proposals would cause stigmatisation. However, proposals must marry with our duty to protect and uphold the best interests of a child. The Children's Law Centre clearly set out its serious belief that this will significantly undermine the presumption of innocence and due process. The retention of records casts suspicion on young people who have been, for instance, acquitted, thus implying that they are not wholly innocent.

Yes.

Clause 1 introduces a new article 63G(3) on persons arrested for or charged with a qualifying offence, which states:

"If P is charged with a qualifying offence but is not convicted of that offence, P's material may be retained until the end of the period of 3 years beginning with the date on which P is charged with the offence (but see also Article 63H)."

Yes.

726 words. Text as published by the Northern Ireland Assembly.

Assessment

Not flagged

Jev’s structured answers

Assessed 21 October 2026 at 15:45 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

Disagree with this assessment?

Classifications can be challenged. A person reads every challenge, and any change is recorded publicly above with its reason.

Challenge this classification