14 minute read
Minister Naomi Long MLA on reform
report justice Reform, recovery and resource
Justice Minister Naomi Long MLA discusses her department’s legislative progress, the road to recovery and the remainder of the mandate.
Not wanting to rest on her laurels, Justice Minister Naomi Long MLA is aware of the significant volume of work in front of her department, the justice committee and the Northern Ireland Assembly before the end of the current mandate, if she is to see through her ambitious programme of proposed legislation.
Long’s department has been recognised as one of the most proactive and ardent in developing and delivering legislation in the short two years since the Assembly and Executive returned from a three-year absence.
The Domestic Abuse and Civil Proceedings Bill has now passed to an Act, with the Criminal Justice (Committal Reform) Bill and Damages (Return on Investment) Bill, which are awaiting royal assent, soon to follow. The Minister also intends to have the Protection from Stalking Bill and the Justice (Sexual Offences and Trafficking Victims) Bill, both of which are progressing through the Assembly, finalised before 28 March.
“I was really ambitious in terms of legislation because after a three-year break in the Assembly sitting, I felt we were behind in a number of areas, particularly those which affected vulnerable victims and witnesses,” explains Long.
The Minister believes that the Assembly’s absence had led the public to question its effectiveness and with this, she saw an opportunity to highlight the power of a
functioning Assembly by providing legislation that improves people’s quality of life.
The fact that the Minister’s ambitions, outlined at the outset, remain on track is a noticeable success when considering the emergence and disruptive nature of the pandemic.
Long is quick to point out that ongoing work goes beyond the core pieces of legislation and indeed beyond the current mandate.
“We have been doing a lot of policy development, including for bills for the next mandate, so that whoever is the Justice Minister after May’s election has a really strong programme of work going into the next mandate,” explains Long.
To this end, Long says that a review of and then bring forward legislation in the next mandate.
Finally, Long’s plans to publish a Miscellaneous Provisions Bill in the current mandate were hampered by political disagreements between some ministers over the Bill’s broader content and the potential for clauses to be amended in the floor of the Assembly. Although expressing her disappointment that the proposed Bill was repeatedly blocked, Long opted for a “pragmatic approach” in securing the agreement for around 70 per cent of the Bill’s content in the form of the narrower Justice (Sex Offences and Trafficking Victims) Bill. However, the Minister has restated her intention to continue to develop a small number of planned amendments that fit within the public protection objectives of the Bill, with
sentencing carried out by the Department is informing early-stage development of a potential new Sentencing Bill. Additionally, while a response to the independent hate crime legislation review, the final report of which was published in December 2020, did not make it on to the Department’s legislative programme for the current mandate, Long explains that her department is soon to launch a first stage consultation with a view to having a consolidated Hate Crime Bill in the next mandate.
Similarly, the Department are currently consulting on Charlotte’s Law following a review of current law in relation to disclosure of information on the locations of victims’ remains by those convicted of their killing. Inspired by a campaign led by the family of Charlotte Murray, the review examined the need for similar legislation to that of Helen’s Law introduced in England and Wales. The Minister suggests that ambitions for Northern Ireland are to go beyond the legislation in place in England and Wales, meaning a broader look at opportunities to apply pressure to individuals who know the whereabouts of victims’ remains at each stage of the justice process. Long explains that the aim will be to put in place the administrative elements of any agreed outcome the aim of these amendments forming a short Bill at the beginning of the next mandate.
Minister
Speaking prior to the First Minster’s resignation, Long said she believes that the next incoming Justice Minister has a real opportunity for reform and to make real and meaningful changes to people’s lives, so long as they possess an ambition to drive that change. Interestingly, the Alliance Party leader has not ruled herself out of potentially retaking the post following May’s election.
“I have loved the two years I have had in justice. It has not been an easy two years, especially when you layer the political challenges and Covid-19 on top of an already difficult mandate but I have enjoyed working in a department focused on delivery and have found it very rewarding,” she says.
Positioning herself as someone who does not resile from difficult roles, Long says that the election, the objectives of any new Executive and the shape of a new Programme for Government will determine her future outlook but adds: “Irrespective of whether I am minister, I am 4
Justice Minister Naomi Long is pictured with Simon Hutchinson, chairman of NI Search and Rescue (NISAR) and volunteers.
genuinely glad of the experience I have had within justice and I will remain passionate about what justice can do in terms or improving lives of people in the community.”
Sector recovery
Turning towards the operations of the justice sector and in particular, recovery from the pandemic, Long has heaped praise on the innovation and co-operation shown to mitigate the impact of the virus. Pointing to the increased use of technology in court proceedings as an example, including emergency powers enabling things like remote access to courts for defendants, victims and witnesses, telephone statements by the PSNI and the exchange of digital evidence between the PPS, PSNI and the courts, Long outlines to a desire to continue with progress and build on the momentum to ensure long-term benefits for the justice system.
“Covid has been a challenge and we do have a backlog to get through, but the key is trying to make changes that will have a lasting impact so that we will continue to have momentum to speed up the justice system, which was our main objective from the outset,” she states. The Minister is emphatic that progress on speeding up the justice system will require adequate funding, something she does not believe is available in the recently published three-year draft Budget by the Department of Finance.
The Department of Finance’s draft Budget, which is currently out for consultation, allocated the Department of Justice £3.37 billion Resource DEL and £353.4 million of capital, amounts which Long describes as not “manageable” or “adequate”.
“I have been very clear with Executive colleagues that in its current form, that this is not something I could support. This is not about protecting my own backyard because the impact will likely not hit until after the current mandate, but it is about the impact this would have on vulnerable groups and victims and the implications for us not being able to deliver against key statutory responsibilities. It is also about acknowledging the increased downstream costs to the justice system, the health system and the public sector of inadequate resources.”
The Minister believes that the current budget represents further cuts beyond the 9 per cent
Justice Minister Naomi Long MLA is pictured with Tracey McCloskey; Regional Courts Business Manager, Northern Ireland Courts.
reduction in the Department’s allocation since devolution began and says that the consequences will be an impact on public confidence in policing and justice. The allocation, she says, is in stark contrast to the £2 billion allocated to the Ministry of Justice by the Treasury in the UK Chancellor’s recent budget.
Expressing her frustration that increased able to facilitate the Executive’s commitment to increase police numbers from 7,000 to 7,500.
In 2021, the Minister secured additional funding for an extra 100 officers, with the aim to continually build towards the desired number. However, there are now fears that the current allocation could see officer numbers drop below even the initial 7,000 figure.
spending for Justice in the UK’s budget has not translated to Northern Ireland, she says: “I agree that we should prioritise health and wellbeing outcomes in this budget, but we also need to acknowledge that not all policy and activity that contributes to good physical and mental health is delivered by the Department of Health.”
Pointing to the Department of Justice’s funding of some third sector organisations, which in other jurisdiction, would often be funded through the health budget, Long adds: “Unless we tackle these things at source, we will not be able to reduce the burden on health, which is part of the job of making the health service more sustainable.”
The Minister is also unhappy at the proposed budget allocation for the PSNI of £148 million. While the Department has fulfilled many of if the objectives set out in the New Decade, New Agreement deal of January 2020, it has not been “The £14.8 million allocated for police staffing would not sustain 7,100 officers and, if you then apply cuts of 2 per cent to the justice budget, you could not not find further cuts because the PSNI equates to nearly 70 per cent of the justice budget.”
Long says that the application of the 2 per cent cut would set back opportunities for recovery. By way of example, she says that Crown court recovery, predicted to take around one year, could be extended to 2027 without sustained funding.
“We believe there are solutions out there that can be found, and we are continuing to engage as constructively as possible with the Department of Finance in seeking to avoid a justice system which is completely broken and in which people have no confidence. Hopefully we will see a better outcome at the end of the budget process.”
NIACRO: Five policy asks at 50
CEO of the Northern Ireland Association for the Care and Resettlement of Offenders (NIACRO) , Fiona Greene.
Marking its 50th year, new CEO of NIACRO, Fiona Greene, discusses the organisation’s five policy asks for the future.
NIACRO is a well-known and highly trusted third sector organisation, working to reduce crime and its impact on people and communities in Northern Ireland.
Our mission has kept us firmly located within criminal justice but has also given us the opportunity to work within early intervention, as well as supporting people to desist from crime. We have 27 service programmes across Northern Ireland, and last year we supported almost 7,000 people; our staff worked tirelessly to deliver, despite the restrictions. At the heart of NIACRO are our values, which drive a commitment to people and communities on the margins, and a determination to make our society one where everyone experiences fairness, hope and opportunity; that is why I am here.
My background
I studied Law at Queen’s University Belfast, and initially worked in welfare rights including Gingerbread NI. I then joined Victim Support NI, developing their Criminal Injuries Compensation Service and the roll out of the Witness Service into the Criminal Courts in Northern Ireland.
Before taking up the role of Director of Operations with NIACRO in May 2020, I was Director of Care with Northern Ireland Chest Heart and Stroke. I served as Chairperson of the Law Centre NI from 2002 to 2008, and currently sit on its board.
NIACRO five asks at 50
Pivotal to the work of NIACRO is listening to our services users and consulting with our stakeholders across all areas of our work. Over the last year we reviewed our policy asks which will set the agenda for the coming years.
1. We want effective resourcing of early intervention programmes and services
Early intervention works on the principle of intervening at an early age and/or stage to help children/adults to develop the skills they need to live happy, healthy, and successful lives, and work to reduce the negative impacts of disadvantage.
On the principles of justice reinvestment, we in NIACRO want to see an Executive-led, inter-departmental commitment to the resourcing of a comprehensive early intervention programme over future years as well as resourcing to tackle educational underachievement.
2. We want to see the minimum age of criminal responsibility raised
Northern Ireland’s minimum age of criminal responsibility (MACR) is set at 10-years-old and, shockingly, is one of the lowest in Europe. The UN Committee on the Rights of the Child recommends that the minimum age of criminal responsibility should be 16 years. Raising MACR would:
• remove significant numbers of children entering the criminal justice system;
• support the expansion of evidencebased early intervention services and programmes;
• ensure children and young people are supported and not punishedthat behaviour is addressed; and
• demonstrate a commitment to trauma informed practice.
3. We want delays in the criminal justice system addressed
When criminal justice does not perform effectively it can have a significant adverse impact on the lives of those involved: victims, defendants, witnesses, and their families. It also wastes significant amounts of public monies and impacts upon the confidence of the public in the system’s effectiveness.
NIACRO believes the time has come to introduce legislation to implement custodial time limits. In parallel with this, specific reform projects should be initiated to reduce unnecessary adjournments and delays in processing cases.
4. We want a reduction in the use of remand, supported by enhanced bail alternatives
The number and percentage of people in prison is rising. In 2020/21 nearly half of women prisoners were on remand, while men on remand made up over a third. Being remanded into custody before trial can have many negative consequences for the individual, their household, and employers. It has consequences for finances, employment, housing, and family relationships. It is also challenging for the Prison Service, to offer suitable meaningful activity for people on remand.
In addition, the tendency to use prison as a ‘place of safety’ is of particular concern, further traumatising, criminalising, and stigmatising people. Without better accommodation and bail support options for men and women, NIACRO is concerned that magistrates will have no option other than continue the current practice of remanding people into custody before trial.
Helping people with convictions to contribute to and feel included in society is key to reducing reoffending. Employment is just one way to achieve this and a considerable proportion of NIACRO’s work involves supporting people to gain qualifications and prepare for employment. The Rehabilitation of Offenders (NI) Order 1978 was introduced to give people a chance to ‘make a fresh start’ allowing for certain convictions to become ‘spent’ after a given period; and not needing to be declared when applying for employment, further and higher education, insurance, travel visas etc. The NI Order has never had a substantial review. Instead, amendments over the years have resulted in an increasing number of job sectors and roles being subject to disclosure of criminal records.
The current Minister for Justice has just published her intention to reform the legislation, but as more time will be required to enact new legislation or amendments, we will continue to ask for this reform.
Fiona Greene and Olwen Lyner, outgoing CEO, with recent award for Organisation of the Year from Howard League for Penal Reform.
Looking to the future
It is an incredible honour to lead the NIACRO team, and I look forward to further collaboration with colleagues in the third sector, and with our funders and partners including the Department of Justice, Probation Board for NI and NI Prison Service. As our outgoing CEO Olwen Lyner, a name synonymous with NIACRO, takes her well-deserved retirement, I would like to thank her for everything she has done, and for delivering such exemplary leadership; as well as entrusting her lifetime’s work to us, an organisation steeped in integrity, respected and unafraid of working where we are needed.
T: 028 9032 0157 W: www.niacro.co.uk Twitter: @niacro
