Debate contribution: Victims and Witnesses of Crime Bill: Second Stage

Debate contribution by Mrs Naomi Long on 30 June 2026.

MLA: Mrs Naomi Long
Party at the time: Alliance Party
Date: 30 June 2026
Type: Debate contribution (made as a minister)
Business: Executive Committee Business
Heading: Victims and Witnesses of Crime Bill: Second Stage
Assembly identifier: Official Report component 5653368

Text

I beg to move
Thank you, Mr Deputy Speaker. I am pleased to bring the Victims and Witnesses of Crime Bill before the Assembly today, although I have been before the Assembly a number of times today, and perhaps the Assembly may wish that we were somewhere else. It is an unfortunate fact that any one of us may become a victim of or a witness to a crime. Until we are faced with that situation, it is difficult to predict how we might react or the impact that it might have on us. As Justice Minister, one of my priorities has been to invite victims and witnesses to share their lived experiences of the criminal justice system with me. Listening to such accounts is essential in enabling us to identify and understand necessary improvements. I am constantly awed by the people who meet me, often recounting some of the worst experiences of their lives but doing so to seek change and to prevent the same experience befalling someone else. That takes courage, and it should be rewarded with action on our part. The provisions in the Bill are, therefore, informed directly by what victims and witnesses have told us. I thank all the individuals who shared their experiences, as well as all those who campaigned for change and have ever taken the time to meet with me or to contact my Department. The Bill owes a debt of gratitude to them; it is a further step towards improving the experience of the criminal justice system for all victims and witnesses of crime and ensuring that their voice is properly heard. I recently listened to Joanne Barnes, the CEO of Nexus, when she spoke to the media. She said something about the nature of the justice system that is worth sharing as we consider the Bill. She stated:
"The job of justice is to be transparent and evidence-based. So, obviously, doubt will have to be cast on your story and version of events ... What we want to do is rather be more victim-focused, understand the trauma that they will have experienced".
Many of the provisions contained in the Bill have that very aim. None of us can promise a victim-centred justice system because there are multiple rights to be balanced, including those of the defendant, but we can certainly strive for a more victim-focused, sensitive and trauma-informed system, where trauma can be minimised, fairness is at its core and the experiences of people who go through the system can be improved.
The Bill contains 30 clauses and is divided into three Parts. Part 1 provides for the establishment, appointment and functions of a statutory Commissioner for Victims and Witnesses of Crime for Northern Ireland. The commissioner's office will become an arm's-length body (ALB) of the Department of Justice, in line with other Northern Ireland commissioners' offices. Although my Department will make the appointment, the commissioner will operate independently in the discharge of their statutory functions. The Bill deliberately separates appointment from functions, duties and powers, and the commissioner is free to scrutinise, challenge and advise the Department and others without interference. Before I go any further, I will formally acknowledge the exemplary work that has been carried out by the current Commissioner Designate for Victims of Crime, Geraldine Hanna, who has been in post since 2022. Geraldine's experience has informed the development of the proposed statutory commissioner's role and responsibilities. I am hugely grateful to her for her dedication and commitment to improving the criminal justice system for victims. The Bill establishes an overarching principal aim to direct the commissioner's functions, namely:
"to promote the interests of victims and witnesses."
That ensures that all activities will be exercised through the lens of victims and witnesses' interests. The commissioner will be expected to promote an understanding of the rights of victims and witnesses and an awareness of matters relating to their interests. The commissioner will also be required to review the adequacy and effectiveness of the law and practice as it relates to the interests of victims and witnesses. To assist in that, the commissioner will seek the views of victims and witnesses and encourage them to communicate with the commissioner's office, ensuring that any research, reports or recommendations that are produced are grounded in lived experience. I have often said in the Chamber that, although we talk about how things ought to be done and are intended to be done within the system, the reality often deviates significantly from individual victims and witnesses' own experiences. It is therefore important that we look not only at the provisions that we already have in law but at how those are put into practice. The commissioner will also be supported in that work through advisory arrangements, with membership of advisory groups being determined by the commissioner in order to ensure flexibility and relevance. Victims and witnesses have frequently told me that they felt forgotten about, that communication was lacking and that the perpetrator appeared to be the priority at various points in the process. The purpose of the Victim Charter is to ensure that victims of crime receive appropriate information, support and protection and are able to participate in criminal proceedings. The commissioner will be required to review the operation and effectiveness of the Victim Charter and the Witness Charter and to publish a report on their findings. The commissioner will also be required to monitor compliance with the Victim Charter by charter service providers. Charter service providers, as defined in the Bill, will be required to provide the commissioner with statistics and records of complaints relating to the Victim Charter and to cooperate with any requests. Through that oversight, the commissioner will be able to identify where victim entitlements are not being met by providers, such as where there is a lack of information or there are insufficient updates. The commissioner may make recommendations as a result of their monitoring functions and report on those in their annual report. The role of the commissioner is deliberately designed to be one of independent scrutiny, transparency and influence, rather than one of enforcement. The commissioner's ability to request information, assess compliance and report findings publicly, including naming non-compliant charter service providers, creates a strong accountability mechanism. The Bill provides that, in time and after consultation with the commissioner and providers, the Department may, by regulation, extend the compliance and statistics provisions in the Victim Charter to the Witness Charter. That reflects a deliberately phased approach. The initial focus is on strengthening oversight and transparency through the Victim Charter, where systems, data and monitoring arrangements are more developed. The regulation-making power will ensure that the same framework can be extended to the Witness Charter once learning from the implementation has been embedded and it is clear that the approach can be applied proportionately and effectively. When it comes to the definition of a "charter service provider", we have been guided by the list in the Victim Charter. In response to concerns that obligations to provide statistics to the commissioner may be extended to other bodies that engage with victims and witnesses, I say this: there is no policy intention to extend that definition to non-core criminal justice agencies. Any proposed changes in future will be consulted on, and proposals for regulations will be subject to the negative resolution procedure.
The commissioner may not exercise any functions in relation to an individual case. That is important to avoid duplication of the services and processes that already exist to support, advocate for and resolve individual criminal cases. The commissioner's role is deliberately positioned at a higher strategic level, focusing on improving the system for all victims and witnesses rather than on intervening on individual matters. However, that does not prevent the commissioner from listening to or learning from individual experiences that are central to identifying patterns, trends and systemic issues. Clauses 16 and 17 require the commissioner to prepare a strategic plan and an annual business plan. The strategic plan will set out how the commissioner proposes to exercise their functions during their term in office. Annual business plans will set out how the commissioner proposes to exercise their functions during the year to which it relates, with timetables, estimated costs and expected outcomes. The commissioner must prepare and publish an annual report to include an assessment of the extent to which the commissioner's objectives and priorities were met. Charter service providers will be under a duty to publish a response to any recommendations within 56 calendar days of the date of publication of the commissioner's annual report. Where a response is not published, the charter service provider must provide an explanation to the commissioner. That is an accountability deadline and seeks to balance providing organisations with sufficient time to consider the recommendations and ensuring that timely action is taken. There is a possibility that an amendment may be required at Consideration Stage, as officials are working with the Office of the Legislative Counsel (OLC ) to develop provision to ensure that charter service providers are also required to respond to recommendations made by the commissioner in any report other than the annual report as and when required. I will cover the provisions in schedule 1 briefly now, as they are linked. They provide for the status, tenure of office, commissioner's salary, staffing, delegation of functions and procedural arrangements. The commissioner will have an independent legal status as a corporation sole distinct from the Department of Justice, as the sponsoring Department. The tenure will not exceed five years, with eligibility for one further term only. The commissioner will have a duty to keep proper accounts and, each year, prepare their annual accounts, which will be examined by the Comptroller and Auditor General. Schedule 1(2)(6) provides for the circumstances in which the Department may remove a commissioner. The removal provisions are standard and important accountability safeguards that appear in legislation for other statutory commissioners. They exist to protect the integrity of the office, not because we expect it to be used routinely. The removal grounds are narrowly defined and relate to objective circumstances such as misconduct, incapacity or failure to discharge duties. That provides an essential accountability safeguard without allowing for removal for policy disagreements. I should mention that the Interpretation Act might provide a catch-all for instances that we have not anticipated. Officials are liaising with OLC to explore whether it is necessary to make explicit reference to that. If it is deemed necessary, we will seek to make such an amendment at Consideration Stage. In relation to provisions for suspension of a commissioner, I understand that the Executive Office is working to develop a consistent policy across similar legislation for all other Northern Ireland commissioners. I consider that it would be prudent to await the outcome of that exercise and, if necessary, amend schedule 1 at Consideration Stage. However, it may be that TEO will be able to include this commissioner in its remit, as its legislation will arrive after this legislation is considered. Schedule 2 contains minor and consequential amendments to existing legislation, including adding the commissioner to schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, ensuring that the commissioner cannot also hold membership of the Northern Ireland Assembly. That relates to a reserved matter, and the Secretary of State has given his consent. Overall, the statutory framework establishes a balanced and proportionate model that strengthens the voice of victims and witnesses, promotes good practice and drives systemic improvement through oversight, engagement and transparent reporting. Part 2 contains provisions that will make changes to criminal justice procedure and how evidence is used in cases involving aggravation by hostility, sexual offences and charges involving the death or serious physical harm of a child or vulnerable person. Clauses 24 and 25 will make provision for the extension of special measures to witnesses and the protection of witnesses from being cross-examined by the defendant in person in cases involving aggravation by hostility, which are also referred to as "hate crime offences". In his review of hate crime legislation in Northern Ireland, Judge Marrinan expressed serious concerns that many victims are discouraged from giving evidence if special measures are not considered and where perpetrators, alleged or otherwise, choose to exercise the right to cross-examine their victims in person. That can cause a victim significant distress and can amount, on occasion quite deliberately, to a continuation of abuse and re-victimisation. Our proposed way forward will create a legislative assumption that hate crime victims are to be treated as being eligible for assistance on the grounds of fear and distress, should they desire such assistance, and will impose a prohibition on a defendant cross-examining a victim. That will give the victim greater certainty from the outset that they would not have to face the accused in court. Together, the provisions will help victims to give the best evidence in court and reduce the number of victims who disengage from the criminal justice system. I turn now to victims of sexual offences who have told me of experiencing the feeling that they are the ones on trial. It is often not until they are in the criminal justice system that victims become aware that they are not a party to proceedings, with all the rights that being a party brings, but are, for the purposes of a criminal prosecution, a witness for the prosecution. They report feeling unsupported, having no independent legal advice or representation to assist them with making decisions and to understand the processes. Yet, they are faced with the defendant having solicitors and counsel to advise and support them. Victims have refused or delayed availing themselves of therapeutic services that may support their recovery, because they are terrified that any notes that the counsellor might make will be used at trial to discredit their claim. Other notes and records, such as medical and educational records, or evidence of previous sexual history may also be requested by the defence to be disclosed in a process that is known as "third-party material disclosure". The thought of sharing with strangers their most personal records has been enough to cause some victims to withdraw altogether from the criminal justice process. It feels like a further violation after a sexual offence that has already violated them. Those issues have been raised with me repeatedly by many victims whom I have met since taking up post in 2020. I have been determined to improve things, so clause 26 will introduce significant changes. It provides that, when pre-trial applications for disclosure or to admit evidence of the complainant's sexual history are made by the defence, the complainant must be given the opportunity to make oral or written representations to the court about that application. They will be entitled to be present at any hearing of the application and will be entitled to be legally represented. The rules of the court will also require the service of notice of the application on the complainant. Those measures will go some way towards helping to support complainants and enable them to have input into the decision-making process about what records containing their personal and sensitive information are required to be shared with the defence. We know that there are often fishing exercises that go beyond the required information, and that in itself can be incredibly damaging. Members will be aware that the introduction of sexual offences legal advisers and child sexual offences legal advisers has already gone some way towards better supporting those who are making their way through the criminal justice system in serious sexual offence cases. I believe that, coupled with the Bill, that will be hugely important in giving people their voice and some agency in a case that is intimately linked to their well-being. Part 2 also makes provision to limit the power to dismiss charges involving the death or serious physical harm of a child or vulnerable person. Clause 27 will address a legal gap that will arise when committal reform in Northern Ireland is implemented in relation to the change from a no bill application to an application to dismiss. Therefore, it is a technical legislative fix. It would apply in cases where there are charges in relation to the death of a child or vulnerable adult in order to avoid the situation where defendants could avoid trial for murder or manslaughter and face a lesser charge instead. It will also mean that the power of a judge in the Crown Court under section 14 of the Justice Act (Northern Ireland) 2015 on application to dismiss direct committal could not be exercised in relation to the offence of murder or manslaughter, unless it is also exercised in relation to the section 5 offence of causing or allowing the death of a child or vulnerable adult. Part 3 contains general provisions that relate to regulations and orders, commencement and the short title. Before I close, I would like to mention two other important matters that have been proposed for potential inclusion in the Bill. Caoimhe's law comprises proposals for an offence to prevent the unauthorised recording and sharing of photographs of road traffic collisions. In correspondence with the Justice Committee, I confirmed that, while the Department did not have the capacity or the resources to develop legislative provisions in respect of Caoimhé's law during this mandate without jeopardising other priorities, I am committed to supporting the development of any such proposals in accordance with the Department's responsibility to provide advice on the introduction of any new or amended offences and penalties in Northern Ireland. I have since met Caoimhé's mother and the group that is campaigning for Caoimhe's law. I would be happy, if we perhaps get the opportunity when we meet the Committee, to set out in more detail the way that I have agreed to take things forward, as it will be difficult for the Committee, given the volume of work that sits ahead of it, and for the Department, given the volume of work that we are engaged in with legislation, to progress it here. Given that it impinges directly on telecommunications and social media, it might be better for us to make the case to Westminster to progress it. In addition, Westminster is not up against the end of a mandate. Potentially, that makes it a more viable option for delivery. Secondly, in response to concerns raised about the use of good character references in recent sexual and domestic abuse cases, I requested that their use be included for consideration as part of the Department's review of sentencing policy, with a view to legislating in the next mandate, if appropriate. However, I have not ruled out using this Bill as a vehicle, if a simple legislative change that would have an impact in this space can be identified. I have asked my officials to give that urgent consideration. I want to be clear that, on both of those issues, I have absolutely heard the concerns raised and share the ambition of the campaigners to make real change. However, the nature of such change, the complexity associated with it and the legislative capacity to effect those changes are factors that I have to bear in mind. I say that to be honest and not to raise expectations beyond what can be delivered. That concludes my remarks covering the substantive policy content of the Bill. As you have heard, the provisions of the Bill are based on what victims and witnesses have told not only me but Sir John Gillen, Judge Marrinan and the Commissioner Designate for Victims of Crime, Geraldine Hanna, about what we can do, in part, to significantly improve the experience of the criminal justice system for those who, unfortunately, find themselves becoming a victim of or a witness to some of the most heinous crimes that can be committed. I want to make sure, first, that victims and witnesses feel confident to report what has happened and, secondly, that, when they do, they will be informed of their entitlements as a victim or witness, treated in a trauma-informed manner and kept abreast of progress and will feel supported and able to engage and participate all the way to the conclusion of the criminal justice process. I very much look forward to working with the Justice Committee and Assembly colleagues to ensure that the provisions of the Bill can be enacted within the mandate. I know that colleagues may have amendments that they wish to propose, but I ask them, when doing so, to bear in mind that we are working within the time constraints of a shortened mandate. I ask for their support in keeping the Bill focused on its current provisions, with any substantive amendments that would require policy development and consultation being dealt with through a future legislative vehicle. It would be a further assault on victims and witnesses if the Bill were to fall due to lack of time and important changes were not implemented because amendments could not be agreed. I therefore ask for the assistance of Members in the House and members of the Justice Committee: should you have ideas for amendments, make me aware of them at the earliest opportunity. As I have with the Justice Bill that has just completed its Consideration Stage today, I will endeavour to work with you ahead of the Consideration Stage to ensure that any amendments can be agreed and that there is consensus in tabling them. With that, I commend the Bill to the House.
I appreciate the Member's giving way. Even with a commissioner designate in the role at the moment, a wise decision that I made was to include her on the Criminal Justice Board (CJB). As we look at how the criminal justice system will develop and evolve over time, and as we look at the kinds of decisions that we make in that regard, it is really important that victims and witnesses be at the heart of the discussion at all times and be considered rather than overlooked. As the Member said, it is hugely important that victims' voices shape what we do.

3,695 words. Text as published by the Northern Ireland Assembly.

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