Debate contribution: Justice Bill: Second Stage

Debate contribution by Miss Deirdre Hargey on 1 October 2024.

MLA

Miss Deirdre Hargey

Party at the time

Sinn Féin

Date

1 October 2024

Type

Debate contribution

Business

Executive Committee Business

Heading

Justice Bill: Second Stage

Assembly identifier

Official Report component 4562919

Read the official Assembly record

Text

I welcome the Second Stage of the Justice Bill. It is good to see legislation passing through the Assembly again. I declare an interest, as I have an immediate family member who works in the Courts and Tribunals Service. As previous contributors have said, the Bill is sizable and far-ranging. It has, broadly, four main aims, as the Justice Minister outlined. Those relate to retention periods for DNA and biometric material; changes to bail and custody arrangements for children and young people; improvements to services for victims and witnesses, including live links — we heard from the Research and Information Service yesterday that it is imperative that we move forward on those areas of work— and improving the efficiency and effectiveness of aspects of the justice system. The Bill could have been two or three separate Bills. For that reason, there is a series of important issues and changes in the legislation that the Bill proposes. It proposes a number of delegated powers that need proper scrutiny, including a detailed assessment of the EFM. The Committee's ability to properly scrutinise the Bill will be important, particularly, as has been said, given the recent High Court judgements on legislation. One of those related to justice legislation that was passed in the Assembly during the previous mandate. Parts of that legislation were found to be incompatible with the European Convention on Human Rights (ECHR). That was touched on earlier, as was Justice Humphreys's judgement on the previous Justice legislation. I will draw out two key areas from that judgement that highlight the concerns that are being raised in the Chamber about the Bill.

First, the summary judgement stated:

"The court found that in two significant respects the 2022 Act fails to strike a fair balance between the rights of suspects and those of the applicants."

As the Chair said, that summary also stated:

"The court noted that this rationale, as presented in evidence"

— by the Department's head of criminal policy unit —

"did not feature in any of the materials presented to the Committee or the Assembly."

For those reasons, it is important that we learn from that judgement but also from the more recent judgement looking at issues pertaining to Brexit and the Windsor framework. It is important that, in considering the legislation, we look carefully at the human rights impacts and how the proposed changes in law interact and engage with ECHR law. Significant changes in the Bill interact with the convention. Biometrics and DNA retention are one of those areas. That was, as the Minister said, the result of two legal challenges that resulted in judgements at the European Court of Human Rights on the retention of data that it infringed on people's rights due to the indefinite retention periods and the absence of a meaningful review process. The amendments here need proper scrutiny. Whilst I welcome them being reviewed on the back of the European Court judgements, there still needs to be close scrutiny of other corresponding legislation, any new provisions and compatibility with the European Convention on Human Rights. There is also the issue, which was raised earlier, of future-proofing, particularly of biometrics and DNA, against developing technology. We want to pass good legislation, but, if it is already out of date when it is passed given technological advances, it will not serve much purpose. We need to look at that as an evolving space. Children's bail and custody is another important area. Whilst I agree with the broad principles in that section, further in-depth scrutiny is needed to ensure that it achieves the desired outcomes that we all want to see: changes that are proportionate and necessary. The use of live links is another area that needs close attention. Whilst it is recognised that their use can be effective, it is important that that use is balanced and proportionate to proper access to justice and due process and, importantly, that safeguards are in place. Part 4 covers the administration of justice, including powers delegated to the Policing Board, addressing gaps in existing legislation and technical amendments and the role of the Taxing Master on legal aid. Those will all need close scrutiny to ensure that the outworkings of the legislative changes are accountable, effective and, importantly, fit for purpose. It is concerning to note — as the Chair said, the Committee has already communicated this to the Department — that up to six additional areas of legislative change will not come forward until near Consideration Stage, as the legislation progresses. Those are six important areas: accreditation for restorative justice; provisions to amend rehabilitation periods; wider use of video and audio conferencing systems; streamlining of arrangements for Access NI certificates pertaining to sexual and violent offences; repeal of vagrancy legislation; and provisions to tackle serious and organised crime. Those are all critical areas of legislation that, of course, need to be progressed. Our serious concern is that they were not included at the start of the Bill process. They are too important to leave until Consideration Stage, when we will have a more constrained period in which to properly scrutinise them, call witnesses and go through the legislation in greater detail. We need to ensure that the Committee has the time and ability to properly scrutinise those provisions, call for evidence and assess them against the European Convention on Human Rights. That is essential, given the High Court judgement that I highlighted and that the Committee has highlighted to departmental officials. I welcome it that the Assembly is progressing the legislation. I look forward to working with the Minister and her officials and, indeed, with all my Committee colleagues. We must, however, ensure that the process is not rushed; that we balance the human rights provisions in the Bill with a focus on how those provisions and further legislation engage with the European Convention on Human Rights; and that, as we move through the process, there is proper engagement on and oversight of all aspects of the Bill, including the additions to be made and, of course, the financial implications.

1,014 words. Text as published by the Northern Ireland Assembly.

Assessment

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Assessed 21 October 2026 at 11:22 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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