Debate contribution: Justice Bill: Consideration Stage

Debate contribution by Mrs Naomi Long on 9 June 2026.

MLA

Mrs Naomi Long

Party at the time

Alliance Party

Date

9 June 2026

Type

Debate contribution (made as a minister)

Business

Executive Committee Business

Heading

Justice Bill: Consideration Stage

Assembly identifier

Official Report component 5601537

Read the official Assembly record

Text

Thank you, Mr Speaker. With your indulgence, I will put on record my condemnation of the extraordinary incident in north Belfast last night. Most of us were shocked and horrified at the violence that we witnessed, which was recorded and broadcast online. I extend my best wishes to the victim and his family. I know that his injuries are serious, and I hope that he makes a full recovery. I also put on record the gratitude of all of us for the brave people who intervened to try to stop the attack, and to the first responders who rescued the individual and took him to the care of the hospital. I think that all of us will also wish to call for calm. We understand that people are frightened and angry, but, this morning, it is important to recognise that everyone in the community is reeling from what they have seen and to ensure that the police have the opportunity to investigate thoroughly. I beg move amendment No 68:

The following amendments stood on the Marshalled List:

Amendment No 68, together with amendment Nos 69 and 127, will create police barred and advisory lists for Northern Ireland. The creation of such lists will align Northern Ireland with the rest of the United Kingdom to create a cohesive and effective safeguard against those who have proven themselves to be unsuitable for a career in policing from gaining further employment in a policing profession. Barred and advisory lists for policing in England and Wales have been in operation since 2017, and Scotland is setting up similar lists. The barred list will hold details of all officers and staff members who have been dismissed from policing after investigations under the relevant disciplinary regulations or process. Individuals will remain on the list indefinitely unless they win an appeal against their dismissal or make a successful review application, whereby they will have to provide clear evidence as to why they are suitable to rejoin policing. Similarly, the advisory list will hold the details of individuals who retire or resign while they are the subject of a disciplinary investigation or who leave before an allegation comes to light. We are all aware of the concerns that have been raised in that regard in recent months. A key factor in the amendments is the inclusion of provision to enable police officers who retire or resign while they are the subject of an allegation and who have been added to the advisory list in the interim period to be brought back for misconduct proceedings. The secondary legislation — regulations — to be enacted once the primary power is in place will make provision for proceedings to be concluded in the former officer's absence. If it is found that a former officer would have been dismissed had they still been serving, they will be removed from the advisory list and added to the barred list. The provisions will extend to law enforcement bodies in Northern Ireland, including the PSNI, the Belfast Harbour Police, the Belfast International Airport Constabulary, the Northern Ireland Policing Board and the Office of the Police Ombudsman for Northern Ireland. Those bodies will be unable to appoint any individual whose details are held on the barred list, and they must give careful consideration before appointing an individual whose details are held on the advisory list. Presently, Northern Ireland legislation does not support the introduction of that practice. The provisions will therefore guard against an individual who has demonstrated behaviours that make them unsuitable for a law enforcement role from gaining employment with another Northern Ireland law enforcement employer or another United Kingdom police force. While there may not be the same statutory bar on employing individuals whose details are held on the barred and advisory lists for UK law enforcement bodies, they will be able to search and view the Northern Ireland lists and will therefore need to give due consideration before employing anyone who is on them. It is an ambition to put in place a reciprocal arrangement that will prevent any UK law enforcement body from employing an individual who is on any of the UK lists. I will seek to explore that further once all the UK lists are in place. The amendments, which were developed for inclusion in the Bill at the request of the Committee for Justice, will close a legislative gap and further protect the public from the actions of individuals who are unsuitable to hold a law enforcement position and who might seek to abuse the power that would be entrusted to them in such a role. I have also considered amendment Nos 76 and 77, tabled by Miss Nuala McAllister, which relate to new proposals to give the Police Ombudsman power to submit a report to the appropriate authority at any point during their investigation or before criminal proceedings have concluded. The amendments will allow PSNI special case hearings, also known as fast-track hearings, to proceed prior to the conclusion of a criminal case. They will amend section 56 of the Police (Northern Ireland) Act 1998 to give the ombudsman powers to submit a written report before an investigation is complete. In cases in which an investigator believes that the appropriate authority would be likely to determine that the "special conditions" are met, they will be able to submit a written report on their investigation to date. That, in turn, can facilitate a fast-track hearing. The special conditions are that there is sufficient evidence that the officer's conduct constitutes gross misconduct and that it is in the public interest for an officer to cease to serve without delay. It is important to note that, on receipt of a referral to a fast-track hearing, the appropriate authority will still be required to consider whether disciplinary proceedings could prejudice any future criminal case and that, depending on that assessment, such proceedings may therefore not go ahead in some cases.

The proposals will also amend section 59 of the Police (Northern Ireland) Act 1998 by seeking to remove the requirement for the ombudsman to await Public Prosecution Service (PPS) decisions to initiate criminal proceedings and, if initiated, the conclusion of those criminal proceedings before it may make a recommendation to the appropriate authority with regard to the discipline of a police officer. Presently, in Northern Ireland, provisions in section 59 prevent disciplinary proceedings from being brought by the appropriate authority before it receives the ombudsman's memorandum. That can result in a lengthy period before disciplinary proceedings can be taken forward. As we know, there has been much public criticism about officers being suspended on full pay, often for many years, while they await the outcome of an ombudsman's investigation. I am very supportive of the amendment that will allow the ombudsman to submit an early report where it is clear that the officer concerned has committed gross misconduct. The amendment will provide the PSNI with access to the information needed to commence and conclude disciplinary proceedings without undue delay, subject to the appropriate authority's assessment of any prejudice to criminal cases. Where gross misconduct has been found, there is a clear public interest to expedite disciplinary proceedings for officers. I believe that the package of measures provides us with an opportunity to ensure that the PSNI and other investigatory bodies with police powers are held to the highest standards and to ensure that we protect the public from any rogue officers who conduct themselves in a way that is incompatible with the responsibilities and the duties that they hold. It is important for public confidence that that can be done in a timely fashion. The combination of having barred and advisory lists, which will help with public protection, and having the ability to expedite gross misconduct proceedings will help to build confidence and trust, both of which are essential for people in our community. I commend the amendments to the House.

I thank the Member for giving way. I am sure that we all echo his sentiments. As we see, young officers who have joined the PSNI today find themselves in the same situation whereby they and their families are threatened by those who wish to cause them harm and disrupt our community. It is important that they know that they have our full support. It is also important that they have our full trust and respect. That is why these regulations are so important, so that, where there are individuals who are engaged in misconduct that would bring shame on the Police Service, we are able to swiftly remove those individuals from their posts to protect the public and the reputation of the Police Service.

1,445 words. Text as published by the Northern Ireland Assembly.

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Assessed 21 October 2026 at 15:47 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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