Debate contribution: Justice Bill: Second Stage

Debate contribution by Mr Stewart Dickson on 1 October 2024.

MLA

Mr Stewart Dickson

Party at the time

Alliance Party

Date

1 October 2024

Type

Debate contribution

Business

Executive Committee Business

Heading

Justice Bill: Second Stage

Assembly identifier

Official Report component 4562930

Read the official Assembly record

Text

We are considering the Second Stage of the Justice Bill, which is crucial and wide-ranging legislation that seeks to address some of the more significant challenges in our justice system. First, I take the opportunity to acknowledge the hard work and dedication not only of the Minister of Justice but of all her officials who have worked and are working on the Bill and will continue to work with us in Committee by bringing us information on the Bill. An amazing amount of effort has gone into the Bill so far to ensure that each of its aspects is carefully considered, and that is a task that we will continue to do in Committee. As a member of the Committee, I look forward to fully engaging in scrutiny of the Bill at Committee Stage to ensure that each of its provisions operates as intended. To ensure the delivery of all necessary justice Bills in this mandate, however, that scrutiny has to be done in a proper and timely fashion. By way of comparison with my previous experience of navigating a justice Bill through the House, I will say that, while it presents its challenges, the Bill is compact, and we will be able to work our way through all its provisions. I now turn to those provisions, the first of which is biometric data retention. What is being proposed in the —.

No. Every Member who has spoken has listed the six additional areas that, the Minister has indicated to the Committee through her officials, she will bring forward. All six areas are within the Bill's policy intent. When the Committee goes out to consultation to stakeholders, who will want to come before the Committee, they will have an opportunity to address those areas. As the departmental officials indicated strongly and strenuously no later than last week to the Committee, they will bring forward the dedicated amendments as soon and as practically as possible so that they are available to us. There will be no holding back, certainly not as far as Consideration Stage.

The Minister will undoubtedly address the Member's comments in her summing-up of the Second Stage debate, but I am certainly reassured by the actions of the Minister and her officials who presented the case for doing it that way to the Committee. We will work diligently through all the things that have been given to us. I will be honest and say this as well: where there are things that we wish to challenge or that I wish to challenge, that will happen. That is the role of a Committee of the Assembly. One of the Bill's key components is a new framework for the retention a biometric data, a subject that has generated a great deal of discussion already not just in Northern Ireland but across the United Kingdom. We will hopefully end up with a creative solution that pays close attention to Northern Ireland's unique needs and that also builds on the lessons learned from Scotland and on insights from England and Wales. The Bill recognises the importance of balancing the use of biometric data in tackling crime with the protection of individual rights, as highlighted by the European Court of Human Rights. The Bill steps away from indefinite retention periods, which were ruled problematic in a number of court judgements, and instead adopts a more proportionate approach, allowing for varying retention periods based on factors such as age and criminal history. That model strikes an appropriate balance between the need to use biometric data effectively and the individual's right to privacy. I wholeheartedly believe that it is a good fit for Northern Ireland. We look forward to hearing, during the call for evidence, from the organisations that will help us to ensure that it stands the test of time. The Bill also addresses areas of youth justice reform. Beyond biometrics, it introduces significant reform in how we treat young people in our criminal justice system. It strengthens the presumption of bail for children, ensuring that they are detained only as a last appropriate resort. Importantly, it removes the troubling practice of detaining children due to a lack of suitable accommodation. We look forward to seeing how a number of the pilot schemes that are already under way can be developed. In Committee, we heard about how some of those new, innovative pilot schemes are operating to address the matter. We look forward to finding out more about that. I care deeply about prioritising the rehabilitation and welfare of young people in our youth justice system, and the Bill certainly takes an important step forward in that direction. The Bill also addresses some technological advances and efficiencies. It reflects the reality of our increasingly digitalised world by introducing provisions for the use of live links, as others have said, not only in police interviews but in court proceedings. That is a practical step forward and will make our justice system more efficient by reducing the need for physical presence in courtrooms or custody suites. However, I am glad that the Bill acknowledges the need for safeguards, particularly for vulnerable individuals. Indeed, the Committee has already had an excellent opportunity to visit one of the live link centres in Belfast. Following that visit, all members had a good opportunity to get an understanding of the background to the technology. We look forward to exploring that issue further. The Bill also helps to close some gaps in the law. It addresses several important legal gaps, including amendments to the Domestic Violence, Crime and Victims Act 2004. That will prevent charges of murder or manslaughter from being prematurely dismissed under the "no bill" procedure when they are linked to the death of a child or a vulnerable adult. That change is crucial to ensuring that the justice system remains robust. Likewise, it addresses the need for reforms to the legal aid system and establishes long-overdue effective financial controls over payments, which were outlined as far back as 2011 and by the Assembly's Public Accounts Committee in 2016. As the Minister said, if the Department is paying, it should be responsible for scrutinising those payments. The Bill balances the public rights of individuals and the demands of modern justice. It is has been shaped by careful thought, the lessons of the past and a clear vision for the future of our justice system in Northern Ireland. As a member of the Justice Committee, I look forward to engaging fully, scrutinising the Bill and listening to those who come forward during the call for evidence to ensure that each provision in the Bill operates as intended. Just to reflect on the comments about the areas that we have not fully fleshed out at this point, I say strongly today that we will take every opportunity in the Committee to not only work through that when it comes to the call for evidence but scrutinise, line by line, the text of the legislation as presented. I urge all Members in the Chamber to support the Bill's Second Stage and its core principles, as set out by the Minister. I look forward to subsequent debates on the Bill as it progresses through its further stages.

1,204 words. Text as published by the Northern Ireland Assembly.

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