Debate contribution: Justice Bill: Second Stage

Debate contribution by Mrs Ciara Ferguson on 1 October 2024.

MLA

Mrs Ciara Ferguson

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 4562972

Read the official Assembly record

Text

I welcome the Justice Bill, which the Minister has introduced. It is a large Bill, which many other representatives stated. We look forward to taking our time to ensure that we scrutinise it to the best of our ability. I echo my party colleague's views on how the Bill has been brought forward. We acknowledge that that is not how legislation should be introduced, and it is important to put that on the record, especially after the High Court judgement. I will not go into the details of the Bill at this stage, as we will have ample time to discuss it at its other stages. As has been mentioned, Part 1 is about retention periods for DNA and biometric material. Part 2 is about proposed changes to bail and custody arrangements for children and young people. I want to make a few comments about Parts 3 and 4. Part 3 relates to the use of live video links by the police for various custody functions, including the extension of police detention, court extensions of detention and suspect interviews, which would amend the Police and Criminal Evidence (NI) Order 1989, or PACE. That is our primary legislation that provides the framework and powers for the PSNI to combat crime. We are all fully aware of the live link services, and they have been in operation for a number of years in a range of court processes, including the court for preliminary hearings, certain sentencing and appeal hearings, the giving of evidence by vulnerable witnesses, defendants and applicants, and between courts and hospitals in certain types of cases. The prisons and courts regularly use live links for remand hearings. We accept the need for and see the benefits of live links for most cases. They may help reduce delays and deal with travel and waiting times, thus speeding up the justice system. However, it is important to note that, when dealing with live links, it is imperative that we have safeguards in place to ensure that the most vulnerable understand at all times their use during interviews and are supported where and when required. The Northern Ireland Children's Commissioner highlighted that point about live links and about how children and young people could be impacted on. Therefore, we must ensure that safeguarding measures and consent are fully addressed when looking at that Part of the Bill alongside speeding up justice. We all have a duty to protect our most vulnerable, and the Bill must play its part in that. As mentioned, Part 4 looks at various matters to help improve the efficiency and effectiveness of aspects of our justice system. The first area includes functions that relate to the police, such as amending the Police Act 2000 to provide the Policing Board with explicit delegation in areas such as pension forfeiture and ill health retirement etc following the 2019 case of McKee & Hughes (and others) v The Charity Commission and the removal of the Comptroller and Auditor General's duty to assess the Policing Board's performance or performance summaries, thus reducing potential overlap and duplication in oversight activity. We welcome that those provisions are in that Part of the Bill. Under criminal proceedings, the Bill corrects a drafting error in the Criminal Attempts and Conspiracy Order 1983, transferring responsibility for consenting to conspiracies outside the North from the Public Prosecution Service to the Advocate General. It also addresses a legal gap in criminal proceedings by amending section 7 of the Domestic Violence, Crime and Victims Act 2004 to prevent the charge of murder and manslaughter from being no billed when linked to an offence of causing or allowing the death of a child or vulnerable adult.

Likewise, as the Chair of the Committee said, it is difficult to get our head round legislation involving terms such as "no bill". We welcome the fact that a paper was produced to help us understand more fully what "no bill" means. As Members have said, legal aid is a key area. It is great that the Minister has clarified that there will be a review of civil and criminal legal aid. That is different and unique in the area of legal aid. We have heard comments that we should wait until the reviews are complete before legislating on legal aid, so the clarification on legal aid and taxation is welcome. I note that the Department has written to stakeholders about further consultation on it. It is important to understand the impacts, if any, that the changes to legal aid and taxation may have by improving clarity, predictability and, in particular, payments to legal professionals and how they will have an impact on access to justice. It is also important to understand the compelling reasons why the changes need to happen, particularly when we are utilising Henry VIII powers. It is important to mention the clause on criminal records certificates in Part 4. It will update schedule 8A to the Police Act 1997 to comply with the 2019 Supreme Court ruling on the disclosure of non-court disposals for under-18s. That will entail filtering out old and minor convictions, and other disposals should be introduced. We welcome the specific safeguards that have been built in through the role of the independent reviewer, and we look forward to exploring its effectiveness. We also welcome the extension of court security powers to all buildings in which tribunals take place. It is important to note the clause on examinations in criminal proceedings through registered intermediaries or, put more simply, communication specialists. The clause aims to extend the service to the County Court and Court of Appeal, which would offer great support for the most vulnerable who have communication difficulties and need support to participate effectively as witnesses when giving oral evidence in court. We welcome that too. I welcome the Justice Bill. I look forward to working with the Chair, the Deputy Chair, the Committee and the Minister in taking it forward. I look forward to further engagement with our stakeholders and to the next stage of the Bill.

1,010 words. Text as published by the Northern Ireland Assembly.

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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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