Report on the Justice Bill (NIA 37/11-15) Volume 1
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Committee for Justice Report on the Justice Bill (NIA 37/11-15) Volume 1 Together with the Minutes of Proceedings, Minutes of Evidence, Written Submissions and Other Memoranda and Papers relating to the Report Ordered by the Committee for Justice to be printed 25 March 2015 Mandate 2011/16 Seventh Report - NIA 240/11-16 Powers and Membership Powers and Membership Powers The Committee for Justice is a Statutory Departmental Committee established in accordance with paragraphs 8 and 9 of the Belfast Agreement, Section 29 of the Northern Ireland Act 1998 and under Standing Order 48. The Committee has a scrutiny, policy development and consultation role with respect to the Department of Justice and has a role in the initiation of legislation. The Committee has the power to: ■ consider and advise on Departmental budgets and annual plans in the context of the overall budget allocation; ■ consider relevant subordinate legislation and take the Committee stage of primary legislation; ■ call for persons and papers; ■ initiate inquires and make reports; and ■ consider and advise on any matters brought to the Committee by the Minister of Justice. Membership The Committee has 11 members including a Chairperson and Deputy Chairperson and a quorum of 5. The membership of the Committee during the current mandate has been as follows: Mr Alastair Ross (Chairman) 1 Mr Raymond McCartney (Deputy Chairman) Mr Stewart Dickson Mr Sammy Douglas2,3,4 Mr Tom Elliott5 Mr Paul Frew6 Mr Chris Hazzard7,8 Mr Séan Lynch Mr Alban Maginness Mr Patsy McGlone9 Mr Edwin Poots2,10 1 With effect from 10 December 2014 Mr Alastair Ross replaced Mr Paul Givan as Chairman. 2 With effect from 1 October 2012 Mr William Humphrey and Mr Alex Easton replaced Mr Peter Weir and Mr Sydney Anderson. 3 With effect from 16 September 2013 Mr Sydney Anderson replaced Mr Alex Easton. 4 With effect from 6 October 2014 Mr Sammy Douglas replaced Mr Sydney Anderson. 5 With effect from 23 April 2012 Mr Tom Elliott replaced Mr Basil McCrea. 6 With effect from 6 October 2014 Mr Paul Frew replaced Mr Jim Wells. 7 With effect from 10 September 2012 Ms Rosaleen McCorley replaced Ms Jennifer McCann. 8 With effect from 6 October 2014 Mr Chris Hazzard replaced Ms Rosaleen McCorley. 9 With effect from 23 April 2012 Mr Patsy McGlone replaced Mr Colum Eastwood. 10 With effect from 6 October 2014 Mr Edwin Poots replaced Mr William Humphrey. i ii Table of Contents Table of Contents Volume 1 List of abbreviations and acronyms used in the Report iv Report Executive Summary 1 Introduction 15 Consideration of the Provisions in the Bill 19 Consideration of other proposed Provisions for inclusion in the Bill 63 Clause by Clause Consideration of the Bill 75 Appendix 1 Minutes of Proceedings (Extracts) 111 Appendix 2 Minutes of Evidence 167 Volume 2 Appendix 3 Written Submissions 475 Appendix 4 Memoranda and Correspondence from the Department of Justice 709 Volume 3 Appendix 5 Correspondence relating to the Attorney General’s Proposed Amendment to the Coroners Act (Northern Ireland) 1959 959 Appendix 6 Correspondence relating to the Attorney General’s proposal for Legislative Provision to provide for Rights of Audience for Lawyers working in his Office 1019 Appendix 7 Correspondence relating to the Proposed Amendment by Jim Wells MLA 1057 Appendix 8 Northern Ireland Assembly Research Papers 1063 Appendix 9 Other Papers Considered by the Committee 1133 Appendix 10 List of Witnesses 1139 iii Report on the Justice Bill (NIA 37/11-15) List of abbreviations and acronyms used in the report AG Attorney General AOABH Assault Occasioning Actual Bodily Harm APIL Association of Personal Injury Lawyers CLC Children’s Law Centre CRO Criminal Records Office DHSSPS Department of Health, Social Services and Public Safety DBS Disclosure and Barring Service DE Department of Education DoJ Department of Justice DPA Data Protection Act DVPO Domestic Violence Prevention Order ESR Examiner of Statutory Rules ECHR European Convention on Human Rights ECtHR European Court of Human Rights EQIA Equality Impact Assessment FSNI Forensic Science Northern Ireland HSCB Health and Social Care Board ICO Information Commissioner’s Office JJC Juvenile Justice Centre LCJ Lord Chief Justice LSC Northern Ireland Legal Services Commission NDPB Non Departmental Public Body NICS Northern Ireland Civil Service NIACRO Northern Ireland Association for the Care and Resettlement of Offenders NICTS Northern Ireland Courts and Tribunals Service NIHRC Northern Ireland Human Rights Commission NIO Northern Ireland Office NIPB Northern Ireland Policing Board NSPCC National Society for the Protection of Cruelty to Children PPS Public Prosecution Service RPA Review of Public Administration iv Table of Contents RQIA Regulation and Quality Improvement Authority SAO Supervised Activity Order SCS Senior Civil Service SOPO Sexual Offences Prevention Order UNCRC United Nations Convention on the Rights of the Child VOO Violent Offences Order VOPO Violent Offences Prevention Order v vi Executive Summary Executive Summary 1. This report sets out the Committee for Justice’s consideration of the Justice Bill. 2. The Justice Bill consists of 92 Clauses and 6 Schedules and proposes to improve the operation of the justice system by improving services provided to victims and witnesses of crime, speeding up the justice system and improving the efficiency and effectiveness of key aspects of the system. In addition to the main clauses of the Bill, the Committee considered a range of proposed amendments brought forward by the Department primarily to address issues raised by the Attorney General during the pre-introductory stage and to put forward new policy proposals related to the main aims of the Bill. 3. The Committee also considered a number of new provisions unrelated to the policy areas currently covered in the Justice Bill which were brought to its attention by the Department of Justice, the Attorney General for Northern Ireland and Mr Jim Wells MLA. 4. The Committee requested evidence from interested organisations and individuals as well as the Department of Justice, the Department of Health, Social Services and Public Safety and the Attorney General for Northern Ireland as part of its deliberations on the Bill and the proposed amendments. Prior to introduction of the Bill the Committee had considered a wide range of policy proposals relating to the Bill and the views of the Committee had been reflected in a number of the provisions contained within the Bill. The provisions relating to victims and witnesses were also designed to reflect a number of recommendations in the Committee Report on the Inquiry into the Criminal Justice Services available to Victims and Witnesses of Crime. 5. Fifty two written submissions were received together with a significant number of responses from individuals, a number of petitions and almost 22,500 postcards in support of the amendment proposed by Mr Jim Wells MLA. The Committee held 18 oral evidence sessions and also explored the issues raised in written and oral evidence with Department of Justice officials both in writing and in oral briefings. Delegated Powers in the Bill 6. The Committee sought advice from the Examiner of Statutory Rules on the delegated powers within the Bill to make subordinate legislation and the choice of Assembly control provided for each power. The Examiner was of the opinion that most of the delegated powers were appropriate but drew attention to provisions in Clause 79(2) in relation to the general duty to progress criminal proceedings and Clause 80 in relation to case management regulations. The Examiner was of the opinion that if these significant regulation making powers were to be workable in any proper and meaningful way, they would need to have a major input from those involved and there should at least be a built in statutory requirement to consult the Lord Chief Justice, the Director of Public Prosecutions for Northern Ireland, the General Council of the Bar of Northern Ireland and the Law Society of Northern Ireland. The Committee referred the Examiner’s analysis to the Department of Justice and it confirmed that, in response to the concerns raised, it would bring forward appropriate amendments. Key Issues relating to the Clauses and Schedules in the Bill 7. The Committee agreed the clauses in the Bill as drafted or as drafted with proposed departmental amendments at its meeting on 11 March 2015. Some Members expressed reservations regarding Clause 78 which places a duty on solicitors to advise a client about early guilty pleas. The Committee agreed to oppose the inclusion of Clause 86 which provides for supplementary, incidental, consequential and transitional provisions. 1 Report on the Justice Bill (NIA 37/11-15) Part 1 and Schedule 1 – Single Jurisdiction for County Courts and Magistrates’ Courts 8. Part 1 and Schedule 1 of the Bill covers a single jurisdiction in Northern Ireland for the county courts and magistrates’ courts, replacing statutory county court divisions and petty sessions districts with administrative court divisions. The Department also advised of its intention to bring forward a series of further consequential amendments for inclusion in Schedule 1 primarily to remove references to ‘petty sessions district’ and ‘county court division’ in existing legislation and provided the text of the amendments. 9. Organisations that commented on this part of the Bill either welcomed the move to a single jurisdiction or indicated that they did not object in principle to the proposals. They did however raise some concerns regarding the possible impact on court users and wanted to see further information on the operational details of the proposals including the guiding principles for the transfer of business which the Lord Chief Justice has responsibility for developing and implementing. 10. The Committee recognised that a single jurisdiction for the county courts and magistrates’ courts will provide flexibility but it believes that a robust set of directions/guidelines is required to ensure that the assignment of business takes account of the needs of witnesses, victims and defendants to ensure a fair process and the provision of access to justice.