Debate contribution: Justice Bill: Consideration Stage

Debate contribution by Ms Aoife Finnegan on 2 June 2026.

MLA: Ms Aoife Finnegan
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 5584502

Text

I reference the fact that, in 1992, I was four. Sinn Féin supports the introduction of a new biometric data framework, because we believe that the retention of biometric data must always be based on the clear principles of necessity, proportionality and justification. I want to take a moment to focus on the issue of photographs. The absence of a framework for the retention, use and deletion of photographs is a glaring omission and needs to be rectified urgently. I am therefore pleased to support amendment No 40, which provides the Department with a time-limited, regulation-making power to introduce a new framework for photographs. While the Bill is primarily intended to remedy issues arising from judgements in the European Court of Human Rights, it is vital that we future-proof the legislation in a way that takes account of emerging technologies. The roll-out of AI and facial recognition technologies in the South, in Britain and across Europe is a development that all of us must keep a close eye on, due to the risk of misuse and miscarriages of justice from unproven technology. We know that AI in particular is only as good as the data that it is trained on. If historical police data reflects bias, AI can reinforce those patterns rather than correct them. There is a real risk that AI can be extended to facial recognition technology that, when processed, becomes biometric material for police services. It is not sustainable not to have a legal framework for dealing with that material. Photographs are no longer just photographs. In an increasingly digital world, with increasing surveillance, photographs are a key biometric identifier that can be shared across borders and international law-enforcement agencies. It is vital that proportionate safeguards are put in place to curtail potential abuses of that data. I welcome the Committee's scrutiny of the matter, and I am pleased to support the Committee's amendment. I welcome the Minister's earlier comments to Mr Frew. While the Committee amendment states that the regulations must be introduced within five years, I encourage the Minister to act with urgency and to introduce a new photographs framework as quickly as she can. I know that she has agreed to that today. If it can be done more quickly than that, I am sure that all MLAs would welcome the opportunity to scrutinise and implement the regulations as soon as possible. I will quickly touch on some of Sinn Fein's amendments on biometrics. There is a concern that the data of children and young people should be retained because of the potential risk of reoffending, and my colleague outlined that. However, our position is clear: we have learned from other jurisdictions that positive outcomes can be achieved without unnecessarily stigmatising young people. Our amendment still allows for the retention of biometric data where an individual has been convicted of a qualifying offence or an expected offence. What we oppose is the automatic retention of sensitive personal data without sufficient justification. The Minister has pointed to a reduced retention period for under-18s. While that is welcome, it does not go far enough. We support a model similar to that operating in Scotland, where retention beyond the initial period must be justified and approved in exceptional circumstances. We have also heard arguments that data should be retained where a person has not been convicted but concerns remain about their behaviour. We must be careful here. The starting point of any democratic justice system is the presumption of innocence. If an individual has not been convicted, any interference with their privacy rights must be demonstrably necessary and proportionate. Biometric information is deeply personal and sensitive data, and it must be treated accordingly. While the Bill proposes review and appeal mechanisms, those arrangements have yet to be fully developed or scrutinised. Sinn Féin believes that there must be genuinely independent oversight of retention decisions. The biometrics commissioner should have a stronger case-handling role and sufficient powers to ensure public confidence in the system. At its core, the debate is about striking the right balance between public safety and individual rights. We believe that the amendments achieve that balance, and, for those reasons, Sinn Féin will support them.

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

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