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

Debate contribution by Mrs Ciara Ferguson on 30 June 2026.

MLA: Mrs Ciara Ferguson
Party at the time: Sinn Féin
Date: 30 June 2026
Type: Debate contribution
Business: Executive Committee Business
Heading: Victims and Witnesses of Crime Bill: Second Stage
Assembly identifier: Official Report component 5653441

Text

I welcome the opportunity to speak at Second Stage of the Victims and Witnesses of Crime Bill. I will begin by acknowledging the importance of the Bill in placing the Commissioner for Victims and Witnesses of Crime and that office and its functions on a permanent statutory footing. That will strengthen recognition of the vital work undertaken by the commissioner's office, safeguard its independence and secure accountability and sustainability. I place on record our thanks for the hugely significant and important work that has been undertaken by Geraldine Hanna, the commissioner designate, since her appointment in March 2022, following her role as CEO of Victim Support. The Victims and Witnesses of Crime Bill instructs the commissioner's office to prepare a strategic plan as soon as reasonably practicable after their appointment to review the effectiveness of the Victim Charter and the Witness Charter at least every three years and to provide annual business plans and reports. We have a duty to ensure that all victims and witnesses of crime receive the dignity, protection, communication services and support that they deserve. The Victim Charter and Witness Charter should not be tick-box exercises but should be the foundation of action and the highest standard of support services. All charter providers must place the utmost importance on providing victim-centred services that make the system easier for victims and witnesses of crime to navigate. I therefore welcome the provision that the commissioner:
"must monitor compliance with the Victim Charter by any charter service provider"
and the fact that the Bill cements the commissioner's right to:
"request a charter service provider to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purpose of the Commissioner's functions."
Victims and witnesses of crime are entitled to be treated fairly, professionally and with respect in all their interactions with the justice system; to be kept regularly updated, including being provided with relevant information in a timely fashion; and to have their needs considered. Part 2 is therefore hugely important in its strengthening of the special measures for victims and witnesses of crime in cases involving aggravation by hostility and sexual offences. It will amend the Criminal Evidence Order 1999 to prevent direct cross-examination by the defendant in cases involving aggravation by hostility and will also amend article 30 of that Order, on procedure on applications relating to a complainant's sexual history. The Bill will strengthen protections for complainants in serious sexual offence cases in which pretrial applications for a witness summons are made. That relates to court summonses that compel a complainant to attend court to give testimony or to produce vital documents, such as their medical history or counselling or other private records. We all know of particularly significant cases in the past decade that sparked intense debate on that element of scrutiny of private life in the legal system. Unsurprisingly, that prompted much-needed review and re-evaluation of how current legal processes work in practice, including the influential Gillen review, which provided an extensive look at the law and procedures involved in serious sexual offences here. Sinn Féin very much welcomes the fact that the Bill is the continued evolution of that work to strengthen the rights of victims and witnesses of crime, including the right of complainants to an opportunity to make oral or written representations to the court about any application, to be present at any hearing of the application and to be legally represented at any such hearing. The judiciary must be supported to strike a careful balance between ensuring that the defendant receives a fair trial and protecting and upholding the rights of complainants. No person should face the horrifying ordeal of having their sexual history or private information unfairly or very publicly dragged through the courts. How we treat victims and witnesses of crime is of paramount importance. It is important because being a victim or a witness of crime is often a traumatic experience that requires dedicated support to recover from. It is important because all victims and witnesses of crime should be subject to a fair and supportive legal system that fully engages with them. It is important because we need to ensure that all future victims and witnesses feel capable of and confident about reporting crimes so that they can give their best evidence and so that we can bring offenders to justice. I look forward to further engaging with Justice Committee colleagues throughout Committee Stage and to supporting the Minister and the Department in fulfilling their work under the Gillen implementation programme. We must deliver full-scale reform across our justice system to support, protect and actively improve the overall experience of victims and survivors. We must scrutinise the Bill through that lens.

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

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