Debate contribution: Conversion Practices (Criminalisation) Bill: Second Stage

Debate contribution by Mr Eóin Tennyson on .

MLA
Mr Eóin Tennyson
Party at the time
Alliance Party
Date
22 September 2026
Type
Debate contribution
Business
Private Members' Business
Heading
Conversion Practices (Criminalisation) Bill: Second Stage
Assembly identifier
Official Report component 5741487

Text

I thank the Member for giving way. The "No right to claim trial by jury" clause has been raised a couple of times. I have already set out that I did not initiate that proposal: it came about as a result of engagement with the offences and penalties team in the Department of Justice, who advised that it would be proportionate to exclude cases in the Magistrate's Court from the right to claim trial by jury. That does not mean that offences that are tested in the Crown Court would not have a jury trial; the most serious offences always will. In this instance, we are talking about lower-level offending being tested in the Magistrate's Court. That is consistent with the approach to things such as domestic abuse and stalking, and so it is seen as proportionate in order to support the victim. The victim will still have a fair trial, in accordance with their Convention rights, as absolutely has to be the case with any criminal Bill that is passed in this Assembly. There is a risk when we pass any law in this Assembly of vexatious or unsubstantiated complaints. That is why there is a process to go through. The police will open an inquiry and then determine whether there is sufficient evidence to warrant an investigation. Then, they will decide whether there is sufficient evidence to go to the PPS. The PPS has an evidential test and a public interest test as to whether prosecution is necessary. Then you go to the court, where guilt has to be proven beyond all reasonable doubt. That is the criminal justice process. In respect of interpretation, it is not just my view that the courts interpret legislation. That is the judiciary's job. It is our job to write the legislation, and it is the judiciary's job to interpret it. It will have to have regard to things such as convention rights and the facts of individual cases. That is the job that the judiciary does every single day.

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

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