Justice (Sexual Offences and Trafficking Victims) Bill: Final Stage

Executive Committee Business – in the Northern Ireland Assembly at 11:45 am on 15 March 2022.

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Photo of Patsy McGlone Patsy McGlone Social Democratic and Labour Party 11:45, 15 March 2022

The Minister is unwell today and is self-isolating. She informed the Speaker's Office of that and will participate remotely. I invite her to come on-screen. It is good to see you, Minister; I wish you well.

Photo of Naomi Long Naomi Long Alliance

Thank you. I beg to move

That the Justice (Sexual Offences and Trafficking Victims) Bill [NIA 29/17-22] do now pass.

Photo of Patsy McGlone Patsy McGlone Social Democratic and Labour Party

The Business Committee has agreed that there should be no time limit on the debate.

Photo of Naomi Long Naomi Long Alliance

I am delighted to present the Final Stage of the Justice (Sexual Offences and Trafficking Victims) Bill to the Assembly.

I appreciate that my challenging legislative programme in this mandate, with a record five substantive Bills over its final two years, placed considerable demands on the Justice Committee and the Assembly. I am incredibly grateful for the cooperation of both in bringing the Bill, the last of the five, to its conclusion today.

Whilst it is the last, it is by no means the least in its importance or reach. The provisions of the Bill, which Members debated extensively over recent months, are well known. I do not intend to rehearse them today as I realise that time in the Chamber is at a premium at this point in the mandate. However, collectively they make an important contribution to tackling sexual and domestic violence and abuse. They also contribute positively to the Executive's wider agenda of creating safer communities and protecting women and girls, as, unfortunately, it remains the case that most victims of sexual offences tend to be female.

I thank the Committee for its support and commitment in completing the scrutiny of the provisions in the Bill. Committee members, past and present, are to be commended for the commitment and diligence that they brought to that task. The Bill has benefited greatly from their input at Consideration Stage and Further Consideration Stage, not least the inclusion of a cyber-flashing provision that was championed by the Committee, and which I would not have been able to take forward as Minister given the current lack of an Executive. I place on record my gratitude to the current and previous Chairs, Deputy Chairs, members and staff of the Committee for the energy that they brought to their legislative scrutiny responsibilities throughout the mandate. I am very grateful for the careful and meticulous manner in which they discharged those heavy responsibilities in what was a very compressed time frame.

Taken as a package, the five Bills represent a step change in how we protect and support those who are subject to serious domestic and sexual abuse as they pass through the justice system, recognising that pursuing justice in such cases can itself be traumatising. That was identified by Sir John Gillen in his review of serious sexual offences. Hopefully, the measures introduced via this Bill and other Bills, and via procedural changes, will help to provide the reassurance that victims need to have the confidence to come forward and report offences.

I give a special word of thanks for the expertise of the staff in the Office of the Legislative Counsel (OLC) and the Departmental Solicitor's Office (DSO) who have worked so closely with me and my officials to bring the Bill to this point.

I also pay tribute to my departmental officials for their dedication and commitment to delivering what has been a challenging legislative programme, including some fairly complex legislative fixes. They have not only progressed the Bill itself but worked tirelessly with other justice sector partners, community and voluntary organisations and victims themselves, both to inform the Bill and to prepare for the introduction of the new laws, so that they will have the intended impact. As Minister, I am enormously indebted to my departmental officials. If I may break with convention, I give special thanks to Brian Grzymek for his role in delivering the Bill. I hope that, as he retires, it will be a fitting full stop to his DOJ legacy.

Last but by no means least, to the victims who I met, who responded to consultations and who engaged with the Department, and to the organisations who represent them so ably: thank you for helping to shape the legislation. You courageously shared with us the often harrowing and distressing experiences that you endured as victims. In doing so, I hope that you have enabled us to shape the provisions in ways that will improve the experience of the justice system for future victims and offer them additional protection.

Since I took up the role of Justice Minister, my priorities have been twofold: to protect the most vulnerable people in our community, and to demonstrate to an increasingly sceptical public the value of the institutions in delivering better outcomes for our community. The five substantive pieces of legislation that I have advanced with the assistance of the Executive and the House, including this Bill, are a demonstration that both of those priorities are possible.

Today is a good day for the Assembly. It is a day when we underline the true value of devolved Government, a day when we demonstrably give priority to the safety and well-being of the weak and vulnerable in our community, and a day when we unambiguously signal that we stand together to stop sexual offending and to protect trafficked victims. On days like this, I am proud to be an MLA and the Minister of Justice. The challenge to us all is to build on such days to ensure the continuance of effective devolved Government in Northern Ireland, so that those whom we represent see and feel the benefit of the work that we do.

I am heartened on occasions such as this, when we can set aside political differences and work for the greater good. It is my hope that we can move forward in this place committed to building on that collaborative approach, recognising that it is our duty to do so and that it is our best means of protecting the most vulnerable people in our society.

Photo of Mervyn Storey Mervyn Storey DUP

I also wish the Minister well and trust that she has a speedy recovery so that she will be able to get on the doors; but maybe not that speedy — maybe just back in train in time for the election. In all good humour, we wish the Minister well. We are disappointed that she is not able to be with us in the Chamber.

On behalf of the Committee for Justice, I welcome the Final Stage of the Justice (Sexual Offences and Trafficking Victims) Bill. This is a day that some of us thought we might not see. When I took over as Chair from my colleague and friend Mr Paul Givan, I remember having a meeting with the Minister to discuss a possible way forward with the Bill. I am glad that our collective efforts have brought us to this point. As I will do throughout my comments, I place on record my appreciation for what has been achieved to bring us to this point.

The Bill underwent extensive and detailed scrutiny and debate. The Committee Stage and the lengthy debates at Consideration Stage and Further Consideration Stage resulted in a large number of amendments being made to the Bill and the addition of a range of new provisions that have improved and strengthened the legislation to provide protections for some of the most vulnerable — the victims of sexual abuse, child exploitation, human trafficking and modern slavery. That is most welcome.

As the Minister outlined, Part 1 of the Bill introduces the new offences of upskirting and downblousing. The Committee was concerned that, as originally drafted, the scope of the offences was framed too narrowly, with a requirement to prove that the perpetrator had acted with the intent of looking at the image for the purposes of sexual gratification or using it to humiliate, alarm or distress the victim. Committee members were also not convinced that the offences would satisfactorily address scenarios in which they were committed, or it was claimed that they were committed, for the reasons of banter or group bonding.

(Mr Deputy Speaker [Mr Beggs] in the Chair)

To address its concerns, the Committee tabled amendments to provide for a separate and stand-alone reckless element to be included in the upskirting or downblousing offences to cover situations in which a person is reckless as to whether the victim is humiliated, alarmed or distressed. The Committee welcomes the support of the Minister and the Assembly for those amendments They provide a more robust approach to those offences and should better protect victims from that unwanted behaviour, which should not be tolerated in any shape or form.

Part 1 also implements a review of the law carried out by the Department of Justice on child sexual exploitation and sexual offences against children. While the Committee welcomes the changes to the legislative framework, which will strengthen the arrangements and go some way to improving the response to the unacceptable reality of child sexual exploitation in Northern Ireland, it is important to acknowledge that there is much more work to be done in that area. I have no doubt that the next Justice Committee and Justice Minister will return to that.

The protections provided in the Bill have been enhanced by new provisions that were brought forward by the Minister to extend abuse of trust to include certain activities in sports or faith settings. I do not intend to rehearse all of the background to the Committee's position on that provision. It suffices to say that Committee members shared the disappointment and concern of the Northern Ireland Commissioner for Children and Young People, the NSPCC, Barnardo's and other organisations that provided evidence that the provision does not provide more extensive protection or cover children in a wider range of settings. Committee members remain to be convinced that the abuse of trust provision is comprehensive and expansive enough to provide the protection to which all children and young people are entitled from adults in positions of trust.

Given those genuine concerns, the need for a robust, regular and ongoing review mechanism to provide for a review of the evidence of risk of harm was of even greater importance. The Committee welcomed the Assembly's support for its amendment to the legislation to provide for that. The Committee also welcomed the firm commitment by the Minister, during the debate at Further Consideration Stage, that the Department will carry out an urgent review of the sectors involving tuition and uniformed and non-uniformed youth activities to determine whether there is evidence of a risk of harm that would warrant a legislative intervention, and that will start during this mandate and proceed as quickly as possible. That immediate review and the requirement for ongoing reviews will enable appropriate action to be taken quickly, if necessary, and they provide some reassurance.

The Committee also appreciated the support for the inclusion in the Bill of its amendment that places a duty on the Department to provide and review, in due course, guidance, training and data collection on Part 1 of the Bill. The Committee believes that those are key components needed for the effective implementation of Part 1, in particular the new offences being created. The need for a clear understanding and effective implementation of the new offences by the criminal justice agencies will assist in obtaining successful prosecutions. That is vital, because, otherwise, it will be impossible to build victims' confidence in the system to encourage them to come forward, report offences and engage and participate in the criminal justice process.

I turn now to Part 2 of the Bill. The Committee welcomes the process to implement the recommendations of the Sir John Gillen review of serious sexual offences, which these provisions represent. Recognising that that is only a small part of the work required to implement the review findings in full, the Committee will be recommending to the next Justice Committee that it should continue to monitor the Department's progress on taking forward the plan to deliver all the recommendations, particularly the work on the issues of consent and the other issues that will require legislation.

The Committee's amendments to the Bill considerably improve and enhance the support and protection provided to victims of trafficking and exploitation. The amendments became part of the Bill following Assembly support. The victims of such heinous crimes as trafficking and modern slavery deserve our full support and protection, and it is an awful indictment of any society that, in the 21st century, we are still having to deal with that awful scourge.

The need for additional statutory support for victims while in the national referral mechanism (NRM) process, following receipt of a positive conclusive decision, was raised with the Committee in the evidence received on the Bill, as was the lack of progress made on the provision of slavery and trafficking risk orders (STROs) to assist in preventing modern slavery and trafficking-related crime. Those orders have been operational in England and Wales since 2015, and Scotland has equivalent orders in place. Given the widespread support for them and the examples of their beneficial use in England and Wales, the Committee is of the view that they should be introduced in Northern Ireland without any further delay. There is now a duty on the Department of Justice to bring forward protective measures, such as STROs, for victims of slavery and trafficking by 2024. The Committee was also pleased to see that, last week, the Department launched a consultation that will inform the development of STROs. The additional support that will now be provided to victims of trafficking and modern slavery following support for the Committee's amendments and the amendment that the Minister tabled at Further Consideration Stage is also a very positive outcome.

The statutory defence for victims and survivors of human trafficking aims to ensure that a victim of trafficking is not punished for unlawful acts committed as a consequence of trafficking. Its extension to include class A drugs will update the position to reflect a more recent type of criminal exploitation of trafficked victims that has emerged.

Among key stakeholders and organisations that support victims of trafficking and modern slavery, the frustration with this Part of the Bill was that the Department had not taken the opportunity to provide more meaningful support and protection. Through the provisions added, the Committee has taken the opportunity to build on the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act 2015, which my esteemed colleague and friend Lord Morrow had the foresight and tenacity to bring through the Assembly to ensure that Northern Ireland had some of the most progressive legislation for dealing with human trafficking and exploitation and providing support to victims. I am very pleased that the Committee has had the chance to build on that Act through this Bill. The Department's development of a longer-term strategy for dealing with human trafficking and modern slavery will provide further opportunities to improve support to victims and to tackle and prevent what is the most despicable of crimes.

I turn now to the other new provisions included in the Bill. The Committee was particularly pleased to gain the Assembly's support for its amendment that creates a new offence of cyber-flashing. Given the legislation that has already been in place for a number of years in Scotland and the UK Government's commitment to legislate for it in England and Wales in the near future, the Committee considered that it would be an opportune time to provide for a similar offence in Northern Ireland and to ensure that this jurisdiction is not left behind. The support of the Minister in that regard and the collaborative approach to reach an agreed framework for the offence was much appreciated.

The new offence will send a clear message to perpetrators that such behaviour is wrong and potentially harmful. It will assist the police and the Public Prosecution Service in obtaining prosecutions and, hopefully, provide reassurance to victims that this type of crime is being taken seriously by legislators. Importantly, it will provide a positive foundation for education and prevention initiatives. That is an example of the Committee and the Assembly recognising emerging threats and unacceptable behaviours from changing technology and moving quickly to ensure that legislation is up to date in order to be able to meet such challenges.

The Committee also welcomes the clarification and certainty on the common-law position that has been provided by the new provision that sets out that a person cannot lawfully consent to their serious harm for the purposes of sexual gratification where serious harm within the definition in the text of the provision occurs. The perpetrator will not be able to raise the claim that the victim consented to the harm being inflicted. The need to clarify and strengthen the legal framework with regard to that issue and in relation to the new offence of non-fatal strangulation or asphyxiation that the Minister brought forward, and which was included in the Bill at Consideration Stage, was highlighted to the Committee during the Committee Stage of the Domestic Abuse and Civil Proceedings Bill. It was not possible to address the issue at that time. However, the Minister initiated a review of the position, which has resulted in the much-needed changes being made in this Bill. I congratulate the Minister on doing that at this stage rather than waiting for the new mandate.

The new provision to widen the scope of the offences of disclosure of private photographs or films with intent to cause distress to include the threat to disclose is also very welcome. The threat to disclose is frequently made through online means and has led, in some cases, to tragic consequences for victims, particularly young people. Therefore, closing that loophole as soon as possible is a necessity.

The aim of the Justice Committee throughout this process has been to ensure that the best possible protection and support is provided, through this legislation, for children and young people, for victims of sexual offences and for victims of human trafficking and modern slavery. I am very proud of the work that the Committee has undertaken in relation to the Bill, in what was a relatively short timescale due to the end of the mandate this month. The Committee did not just scrutinise the provisions of the Bill in a full and thorough manner but actively looked at the current legislative provision and identified opportunities to improve it and deal with emerging types of offending behaviour. That was not without its challenges, and, again, I thank the current and previous members of the Committee for their commitment and diligence in carrying out the scrutiny of the legislation. I thank past and present Committee members for their contributions to that work over the past two years.

The Committee has undertaken an impressive workload, particularly in relation to the Bills, which, in my view, have contributed to the development of the improvement of the criminal justice system in Northern Ireland. I also place on record again the Committee's appreciation for all the organisations and stakeholders who contributed to our scrutiny process by taking the time to provide written and oral evidence during the Bill's Committee Stage. In particular, I want to thank the victim of the voyeurism offence who shared their personal experiences and whose contribution was invaluable in highlighting the need for the new voyeurism offences to be comprehensive and operational.

I also thank the organisations that worked tirelessly to support and protect children and young people and victims of human trafficking and modern slavery. Without those organisations, the lives of victims would be much bleaker. I welcome to the Public Gallery two staff members of Christian Action Research and Education (CARE NI), Lauren and Rebecca, and thank them for all the work that they have done, not only in the Northern Ireland legislative process but the process in the House of Commons.

I also acknowledge and thank the Minister and her officials. I concur with her comments about the departmental officials who briefed the Committee on a number of occasions. I add my best wishes to Brian Grzymek, who will retire, and thank him for his patience and endurance when he came repeatedly to the Committee over a period.

I thank our Assembly staff. In particular, I thank — it may not be the convention, but I am not one who is known for always adhering to convention — the Bill Clerk, Stephanie Mallon, who is also in the Chamber today. She worked tirelessly to advise and assist the Committee in bringing forward amendments. I know that I speak on behalf of the Committee when I say that, without her work and that of officials in this Building, we would not have the Bill that we have today. I say, to them all, thank you very much.

I want to conclude with a few comments speaking as a Member of the House and a member of the Democratic Unionist Party. There are many issues with the process of being in a five-party mandatory coalition and challenges in working with the structures that we, unfortunately, have to work with, not being a normal democracy like that in many other jurisdictions across the world. However, the Bill is an example of what can be done when we keep our focus on the reason why we are here, and that is surely to improve the lives of — we use this phrase, and I trust that it will never become just a trite phrase — the most vulnerable in our society. We have seen in the last number of days what can happen when someone acts with vileness and evil intent. We have seen all too clearly the horror of what is going on in the land of Ukraine. However, we need not close our eyes to what is happening on our streets in Northern Ireland and to the vile and hideous crime of human trafficking. I trust that, as a result of the House's collective effort, there will now be, in the criminal justice toolbox, the proper and appropriate means whereby those who are engaged in that most vile of crimes will be brought to book and will be made answerable to the courts for what they have done and that the Bill will provide for additional support, help and assistance to the victims of such crimes.

Photo of Sinéad Ennis Sinéad Ennis Sinn Féin 12:00, 15 March 2022

The Assembly has passed many key pieces of legislation during this term and will continue to do so until the moment at which it is dissolved in a few days' time. I am proud to be associated with the positive and progressive work of the Assembly in recent times but am prouder still of the legislation that we have passed that is designed to protect women and girls and minority groups from sexual violence and exploitation.

As I said during the Consideration Stage of the Justice (Sexual Offences and Trafficking Victims) Bill, the criminal justice system often represents failure: a failure to tackle crimes; a failure to tackle perpetrators; a failure to protect the best interests of victims at court; a failure that means that an abuser is all too often favoured over a victim; and a failure that often represents trauma and humiliation for a victim.

I am proud, however, that, over the last 24 months, the Assembly has taken a stand to reverse that trend and to build a criminal justice system that protects women and girls and aims to find and punish perpetrators. The Domestic Abuse and Civil Proceedings Act, the Protection from Stalking Bill, the Criminal Justice (Committal Reform) Act and the Justice (Sexual Offences and Trafficking Victims) Bill are all major pieces of legislation that show our commitment to tackling gender-based violence as well as trafficking and exploitation.

The Bill will implement key Gillen review recommendations, such as the exclusion of the public from all serious sexual offences hearings. Why is that important?

I believe that that measure will increase the confidence of victims to report their experiences to the police and know not only that their case will be taken seriously but that they will be protected against indignity, humiliation and additional distress throughout their journey through the justice system.

Through the Bill, we have created new offences of upskirting and downblousing and made cyber-flashing a criminal offence. The Bill includes amendments to modern slavery provisions in the NI Human Trafficking Act to extend support to victims of slavery, servitude and forced compulsory labour, and it includes an increase in the scope of the existing offences relating to the abuse of positions of trust of a child to include faith and sport settings. The Bill includes the abolition of the so-called rough sex defence and the creation of a new offence of non-fatal strangulation. Sadly, at least three women have been killed in the North by men who claim that the women had consented to the violence. Let me make it clear: there is absolutely no excuse or justification for strangling or beating a woman to death during sex. Despite the fact that legal precedent has been set that victims' consent to sexual gratification is not a defence, that defence continues to be raised. Victims are not to blame; their abusers are to blame. Victim blaming and victim shaming are unacceptable, and I am pleased that the Bill includes a provision that will explicitly prohibit that defence.

In closing, I take the opportunity, as did the Chair, to thank my fellow Committee members, past and present, for their hard work on the Bill. I also thank the NGOs, the departmental staff, the Committee Clerks and staff from the Bill Office, particularly Stephanie Mallon, for their invaluable assistance in helping us to shape and scrutinise the Bill. I thank the Minister for her dogged determination to get this important legislation through in this mandate. Crucially, I thank the people — the victims and survivors — who bravely shared their sometimes harrowing lived experience with the Justice Committee in the hope that we would produce good legislation that would protect others from sexual violence and exploitation. Today marks an important milestone in the battle against sexual offending and human trafficking. The Bill puts the interests and welfare of victims front and centre. I look forward to seeing the Bill being fully enacted.

Photo of Sinéad Bradley Sinéad Bradley Social Democratic and Labour Party 12:15, 15 March 2022

Before I begin, I wish the Minister well. I believe that our Committee representative Doug Beattie from the UUP is also unwell, so I wish him well too. I welcome the representatives from CARE NI to the Public Gallery.

On behalf of the SDLP I welcome the Final Stage of the Justice (Sexual Offences and Trafficking Victims) Bill. I commend the work of the Assembly Clerks, the departmental officials — those whom we meet and the many who work behind the scenes whom we do not meet — the Bill Office, fellow Committee members and the Minister. The Chair rightly put on record his best wishes to Brian for his retirement. I count myself among those who leaned on Brian heavily and, perhaps, tested his patience at times, but it was always in good nature. He was a very important person to whom to relay thoughts. We genuinely appreciated that. Rightly, members have singled out Stephanie Mallon, whom I thank repeatedly in the House. We are not far past International Women's Day, and, if ever there was an empowering woman in the House, it is Stephanie. She gives validity to people airing ideas in a safe space and being able to tease out issues. I commend Stephanie and her style of work.

Some Members:

Hear, hear.

Photo of Sinéad Bradley Sinéad Bradley Social Democratic and Labour Party

Thank you.

At Final Stage, I particularly welcome the provisions on upskirting, downblousing and the sending of unwanted sexual images. We have heard from stakeholders about how those really invasive crimes have caused significant psychological and emotional harm to victims. It is, therefore, welcome that those offences are treated in a way that clearly underlines the severity of the crimes, which cause fundamental harm to the victims' sense of personal autonomy and safety. I record my sincere thanks to the stakeholders who advocated so passionately on behalf of the victims whose needs are at the heart of the Bill. I trust that the people who bared their souls to us and told us of their experience will see how, in doing so, their story has been heard and has affected the shape of the Bill.

It is worth stressing that the hope is that the measures serve to deter such behaviour in the first place. We hope that the offences are never committed, but, just by having the Bill in place, we are looking to deter people from engaging in such offences. The new legislation undoubtedly sends a message that such behaviour is criminal, that it cannot be dismissed as banter or a joke and that it simply will not be tolerated.

Let us be absolutely clear about the issue of sexual images: obtaining images of another person's private parts without consent is never OK. When the Bill is enacted, that behaviour could be considered criminal. I want that clear message to leave the House today. That is what we are achieving by adding those conditions to the Bill.

I sincerely, genuinely hope that the Bill's existence will, in itself, serve as a powerful catalyst for behavioural correction in society. Society at large needs to know, as a matter of urgency, that those engaging in such behaviours now have no place in which to hide: the "I was only joking" defence is no longer there; the banter defence has gone.

Everyone who has worked on the Bill will no doubt agree that an important piece of child protection legislation has been built in. It will add a further layer of protection for children who may be targeted by adults who, for example, may intend to groom them by pretending online to be children themselves. The provision is essential in the context of the soaring online child sexual abuse cases recorded by the police in Northern Ireland; in fact, figures obtained by the NSPCC show an 80% increase in cases over the past three years — and those are the reported cases. The police have indicated to us that they really do not know the scale of the problem. It has been reported that, during the pandemic, that online activity has become one of the largest problems in our society. The Bill goes some way to speaking to that.

Photo of Dolores Kelly Dolores Kelly Social Democratic and Labour Party

I thank the Member for giving way. Will she join me in thanking the officers who, in trying to protect some of the most vulnerable, have to sit through pictures of very harrowing scenes? Does she agree that we owe them a debt of gratitude?

Photo of Sinéad Bradley Sinéad Bradley Social Democratic and Labour Party

I do indeed. I thank the Member for the intervention. The Chair and Committee members met the cybercrime unit. At times, it is, I believe, a harrowing job, but it is critical. The value of the Bill will depend heavily on how well resourced those officers are. It is absolutely correct to thank them, and I thank the Member for doing so.

The Bill also makes it a legislative requirement that victims of human trafficking be guaranteed up to 12 months' support and more if they should need it. That support can include access to healthcare, housing and legal and financial assistance. In particular, I welcome the provision that the support can exceed 12 months, as that vulnerable group will often have complex needs to which there can be no quick fix. The provisions are particularly timely in the context of the Ukrainian crisis, as the Chair correctly pointed out. Watching the harrowing images from Ukraine, we can all see just how vulnerable those people have become so quickly. Almost overnight, people have gone from what appears to have been a normal day-to-day lifestyle to being thrown into the depths of the most vulnerable position that a person can be in.

Photo of Robin Newton Robin Newton DUP

I thank the Member for giving way. She is absolutely right about how despicable a crime human trafficking is and about the attempt, via the Bill, to address it. We were faced last night with equally harrowing reports in the media of the police investigating the local trafficking of children who are being taken to local hotels and other spots for sexual gratification. People are using and abusing those children by feeding them drugs and alcohol. Does the Member agree that human trafficking does not just involve bringing victims to Northern Ireland and that we need to be aware that human trafficking exists in our society?

Photo of Sinéad Bradley Sinéad Bradley Social Democratic and Labour Party

I thank the Member for his worthy intervention. That is true: the notion that trafficking is only about people coming to us is a myth that has to be completely busted. Exploitative people know that those young people perhaps come from vulnerable backgrounds, so they target them. It is happening on our doorstep. We all need to be alert to that, and we need to put in place legislation that speaks directly to it. We have gone a significant way towards doing that. Every person has a part to play. It is not just to the legislators or the police: any person who suspects anything of that nature has a moral duty to step forward and make it known. I genuinely thank the Member for that intervention, and I appreciate the context in which it was made. There are people who constantly measure the weaknesses in society and then exploit people when they hit a vulnerable point. I have no doubt that that is exactly what they will do to Ukrainian families, as people try desperately to find some type of home or stability for themselves and their children. I have no doubt that people are waiting to find what they can make good of that situation. We all have a duty, whether it is in this place or outside it, to play our part in preventing that.

As I said, the Bill is particularly timely in relation to the Ukrainian crisis. Traffickers offer false promises to people, such as employment, security and help, including help with reuniting victims, which could become a problem that we all need to get ahead of by keeping communication channels open. They try to exploit people because they know that they are vulnerable. That is the key point. The Bill, from the first page to the last, includes efforts to reach vulnerable people of many ages and in different situations. We really need to remain mindful, through the Bill and the others connected to it, of all the vulnerable people who will, sadly, have to seek shelter.

The Bill is important legislation. I know that that is a phrase that is used in the House often. Most Bills tend to have an important objective behind them, but I truly believe that the weight of this Bill in changing the outcome for and the lives of many people should never be undervalued. It is designed to safeguard some of the most vulnerable people. That is why we particularly welcome its Final Stage today. People are due a right to safety and to protection from abuse. We in the SDLP have a long list of items that we would have loved to see in the Bill and that, sadly, did not make it, but today is not the day for that discussion. Today is a day for sending out the message that comes from the Bill. It starts here and now. To the people who are out to exploit society, I say that the Bill means that we are moving closer to you. We all have a part to play in sending out that message.

I will close by thanking all the victims who came on board by speaking to not just the Committee but the other organisations that helped shape the Bill. It is their experiences, sadly, that have brought us here. It is their lived experiences that made us realise that there was a need to take action in the first place. I hope that they feel empowered by seeing that the decision that they took to engage has led to something worthwhile. I also hope that they take real comfort in knowing that they have done something to lay a path to safeguard the potential victims coming behind them.

Photo of John Blair John Blair Alliance 12:30, 15 March 2022

I am pleased to be able to speak on behalf of Alliance in support of the Justice (Sexual Offences and Trafficking Victims) Bill at its Final Stage. I concur with the many comments made by Members about victims and the work that has to be done across the justice family and beyond on their behalf.

The Bill represents the last of five substantive pieces of legislation that the Minister wished to see pass through the House over the past two years. I commend the Minister of Justice for delivering on an ambitious legislative programme to reform our justice system and introduce greater protections to vulnerable people in our communities. The Bill, along with the others, will make a significant difference to those who suffer abuse and exploitation. The provisions of the Bill were debated extensively at Consideration Stage and Further Consideration Stage, and I do not intend to repeat any of the points that were made then. The Bill addresses a number of issues relating to the experiences of victims in the justice system, including the exclusion of the public at all serious sexual offence court hearings.

As a member of the Policing Board, I am all too familiar with the devastating scale of sexual violence against women in Northern Ireland and of the research that indicates that the vast majority of victims do not report the perpetrators to the police. By prioritising the safety and well-being of victims who enter the justice system, abolishing shame or fear of blame and closing gaps in the law that offenders try to exploit, I hope that today we can mark the beginning of the end of unreported sexual offending and send a strong signal that we stand to protect victims and the vulnerable in our community.

Photo of Peter Weir Peter Weir DUP

I join with others in welcoming the legislation. I also wish the Minister a swift and full recovery, particularly ahead of the election. I suspect that today we got a little flavour of the canvassing material that she will be using: we got a few lines of that without having to move to East Belfast. I sincerely wish her a full recovery.

I join with other Members in thanking all of those who have contributed to the Bill reaching this point. As a member of the Committee since June of last year, I particularly thank the Committee staff, who have been so diligent in helping us to bring the legislation to this point. Also, I thank those who contributed by making submissions to the Committee. I join with others in welcoming the representatives of CARE NI, who have been vigilant, particularly on the issues of human trafficking.

This is a good day, but it is also a critical day for all those who have been victims. Whether they are victims of sexual violence, of exploitation, of abuse of trust, of trafficking or, indeed, a combination of all of those things, today is their day and represents vital progress.

I do not want to reiterate a lot of what has been said, but I will touch on two points, starting with the issue of trafficking. Uppermost in our minds in recent weeks has been the vulnerability of innocent people who are suffering at the hands of evil. Often, those people are having to cross jurisdictions to seek sanctuary. We have seen that with Ukraine in particular, and that should focus our minds on the issue of human trafficking. As Sinéad Bradley and Robin Newton said, human trafficking is not a faraway problem in a distant land that has nothing to do with us. Very sadly, it is at the heart of our community. Whether it is through the exploitation of children or of migrant workers or sex trafficking, it exists behind the closed doors of houses in our streets in our cities, our towns and our villages. Vigilance and action against that is critical. That is why the progress of the Bill has been very important.

As has been mentioned, it is very important that, from a legislative point of view, we have given guaranteed support of up to 12 months. That will help to empower and equip victims of human trafficking and help them to rebuild their lives. The position agreed by the Assembly is not to cap that. Where there is a need for the Department to give support beyond the 12 months, that can be done.

One of the proudest moments in the House came a number of years ago, when my friend and colleague Lord Morrow's Bill on human trafficking was passed. That was critical in the approach that we take to human beings. Northern Ireland is quite often seen to be in catch-up mode, but we led the way through that Bill. Today, we lead the way again on the issue of human trafficking. That is important.

The next point, which relates to human trafficking but also other aspects, is not to see this as a final position. There is always the danger that we, as legislator, see a problem, see legislation as the solution and, once we have delivered that legislation, say, "That is it out of the way; we can put it up on the shelf and forget about it". Legislation should not be the end of a process; it is part of a process. It is, if you like, a comma rather than a full stop. Nowhere is that more true, for a number of reasons, than in the Bill that is in front of us.

There has been mention of some of the amendments that were made to, and provisions that have been put into, the Bill concerning implementation. It is not simply a document to sit on the shelf; it is about how it is delivered on the ground, in practice. For example, on issues of sexual exploitation, the level of guidance that is given, the level of training that is provided and the level of review that is undertaken will be critical.

The Bill, and particularly some of the new offences in it, has been driven by a changing society in which those engaged in these evils find new ways to exploit and abuse others.

Photo of Robbie Butler Robbie Butler UUP

I thank the Member for giving way. I am not minded to speak at length. I want to thank the Minister and all those who have spoken. The Member raises a really interesting point about what is going on in the world at the moment. We know that tens of thousands of Ukrainian refugees, if not more, will need to find refuge. We have seen the offer of homes for them. Many people from Northern Ireland have taken up that mantle and are offering them a safe space. However, we also know that there are predators out there who would use these opportunities for malevolent purposes; that has happened in the past. We recently went through the pain of the apologies from some of the institutions, which, in some ways, did not go far enough. Is the Member interested in hearing the Minister's position on the use and application of the legislation to protect people who are travelling from war-torn Ukraine and need to avail of safe spaces, which should be safe?

Photo of Peter Weir Peter Weir DUP

I will be keen to hear what the Minister has to say. The Bill is multifaceted and touches on a range of victims. There is the vulnerability to exploitation of, for example, those people coming from Ukraine who are seeking sanctuary. There are also those who visit this country and many among our indigenous population, including children, who need to be protected.

Ms Bradley made a very good point about those being abused through imagery. Cyber-flashing, upskirting and downblousing, for instance, will now be criminal offences and cannot simply be laughed off as things that a group of lads do or whatever. It is criminally wrong, and a clear message needs to go out. The point that I was making is that for some of the offences — be it upskirting, downblousing or cyber-flashing — 20 or 30 years ago, the use of technology, whether or not it was conceived, would not have been possible for, or within the reach of, many people.

My point is that we have made important steps in the Bill in trying to cover that situation, but we must not assume that, particularly when it comes to technology, sexual exploitation and sexual abuse, the world stands still. Consequently, although we have taken action today, we need to be vigilant as we move ahead in the months and years to come, so that, where we need to update and to cover new avenues of crime, we do so.

My final point about seeing this as a process relates specifically to potential abuse of trust situations, which have been mentioned. The Member for North Down Miss Woods raised that issue on a number of occasions. While I suspect that the Committee, working purely on its own merits, would have gone further, we have reached a situation in which the issue is under robust review. We have the coverage in the legislation, particularly of religious organisations and sporting organisations, but it is critical that the scope of the Bill is proactively kept under review.

There is, to some extent, a lack of logic in saying that, for example, if a youth organisation meets in a church hall, it is potentially covered as part of the church, yet the same youth organisation, if it is not linked with the church but uses the local community centre, is not covered. There is no reason why abuse in both those situations should not be directly covered. As we move ahead on abuse of trust, action clearly has to be grounded in evidence, but we need to be proactive in trying to cover those situations. That is why it is critical that we have such review.

This is a very welcome day, but an element of work in progress remains. We are in the process of making improvements; let us bank the improvements that we have made but keep vigilant to ensure that we bear down to the maximum extent on those involved in that range of criminal activities. Critically, it is on the protection of victims and potential victims that we must always remain focused.

Photo of Dolores Kelly Dolores Kelly Social Democratic and Labour Party

I welcome the opportunity to speak on the Bill at Final Stage. I recall elements of it being discussed in 2015, so it has been a long time coming and could have been on the statute book much earlier in the mandate, had we not had a suspension of three years. Nonetheless, I welcome the addition of offences, as outlined by Members, including that of upskirting, which follows a campaign by teachers who were the victims of it early in 2020. Mr Weir is right about having to be fleet of foot in the context of the changing dynamics and the threats faced by our children and young people and by women in particular.

As a member of the Policing Board, I receive updates on a regular basis from the National Crime Agency (NCA), which has determined that between 16,000 and 23,000 children and young people are at risk from sexual offences and grooming online. Those are horrendous figures, and that must be a nightmare scenario for any family. The legislation is welcome, but we need resources behind the legislation. As I am sure you will agree, Minister, there are concerns about progress on the backlog of Public Prosecution Service (PPS) cases and about how alleged offenders seek to manipulate the justice system by creating many delays. I hope that that will be rectified.

If I may say so, Mr Deputy Speaker, the BBC Northern Ireland 'Crime NI' programme tonight will outline and put out a fresh police appeal for witnesses in the murder of a young woman in my constituency, Laura Marshall. She was a 31-year-old dental nurse who was seriously assaulted and murdered in her apartment in Lurgan in April 2016. I hope that anyone watching today who might have the vital piece of information will step forward.

The legislation is only as good as its enforcement. It will be enabled by the sentences that judges and others may hand down, by cultural shifts and by changes in behaviour because of the penalties in place as a consequence.

We need to do much more with cybercrime units. We need proper resources for them. Perpetrators of crime are often a step ahead of the law. I hope that, in any forthcoming mandate, when we get an Executive up and running again, the parties that have praised the Bill put resources into its implementation, both to deter and prevent crime, through bringing charges and bringing numbers of people before the courts and through having education programmes and building positive relationships, thus creating a cultural shift. Some of the TV programmes that many of used to watch would be far from acceptable today.

A huge cultural shift is therefore needed, and the legislation goes a long way to recognising the challenges that are present in modern society. As others have said, we cannot be complacent. We must be prepared, at short notice, to put in resources and to bring forward legislation to deal with whatever other offences and measures perpetrators might use to harm women and children in particular.

Photo of Rachel Woods Rachel Woods Green 12:45, 15 March 2022

I, too, wish the Minister well. I hope that she makes a quick recovery.

As others have said, I am glad that we are here to pass the Justice (Sexual Offences and Trafficking Victims) Bill. It has been a long time coming. Now that amendments have been made to the Bill, it will help protect people in Northern Ireland. I will not speak for long. Much of what needs to be said has already been said today and at previous stages, including throughout Committee Stage.

I thank the Minister, her departmental officials who have worked tirelessly on the Bill, our Committee staff and Stephanie, who must be mentioned as an absolute legend. Thank you very much for all your work throughout Committee Stage and also for the past two years.

I also thank Amy and my team, as well as all the sector organisations, stakeholders and individuals that engaged with us over the past year. It cannot have been easy, especially for individuals to recount some of the most traumatic experiences that they have been through. I welcome the fact that the Bill now contains provisions on cyber-flashing, on abolishing the so-called rough sex defence and on threats to disclose private sexual images.

The Bill will improve the operation and effectiveness of the justice system by enhancing public safety and improving services for victims of sexual offences, trafficking and exploitation, but only if it is well resourced and only if people are aware of it, trained in it and know how to use it. The changes that have been made will go some way to closing gaps, resolving inconsistencies and modernising our law, but it needs funding, needs to be understood and needs to be implemented.

As a member of the unofficial Opposition in this place, it is only right that I highlight what the Bill could have been. It is a missed opportunity, and, in many ways, that is entirely down to the DUP. I ask Members to cast their mind back to last summer, when the content of the Bill was being chopped and changed. It is absolutely shameful that important provisions, including requirements to comply with a Supreme Court ruling on non-court disposals for under-18s, technical changes to civil legal aid and statutory charges, and changes to court security powers and procedural adjustments regarding video links and appeal arrangements are not in the Bill.

For some reason unbeknownst to the Committee, powers to transfer the functions contained in section 43 of the Justice and Security (Northern Ireland) Act 2007 from the Secretary of State to the Department of Justice, in order for it to restart the accreditation process for organisations delivering community-based restorative justice schemes, were deemed too controversial for the Bill.

Most shameful of all was the removal of provisions that govern bail and remand for children in order to strengthen the automatic presumption of bail for children and to introduce specific conditions to be met before a child can be remanded in custody and for how long. Those changes are desperately needed, not least to comply with the UN Convention on the Rights of the Child (UNCRC). Supposed concerns that the Bill could become a vehicle for legislative content that some Ministers do not agree with should not halt the democratic process in the House.

It is for the Assembly to decide that; it is not for Ministers to direct what we can and cannot talk about.

The fact that the Bill was deliberately trimmed down to narrow its scope and limit the opportunity to have proper debate about issues like the minimum age of criminal responsibility and removing the defence of reasonable chastisement is disgraceful. Despite my attempts, there is nothing in the Bill on equal protection or, indeed, on raising the age of criminal responsibility, which is fundamental to addressing youth justice recommendations that we have known about for decades. Those matters will have to be addressed in the future.

Fundamentally, with regard to sexual offences, the work recommended by Sir John Gillen on consent must be expedited. We need to focus on consent and radically reform how it is understood in our criminal justice system. A failure to protest or resist when subject to sexual abuse is never a form of consent.

Finally, we need to have mandatory, comprehensive, age-appropriate relationships and sexuality education (RSE) for everyone in Northern Ireland. As we know, the Bill covers matters related to child sexual exploitation, abuse of trust in relationships, and sexual offences including the new crimes of upskirting, downblousing and cyber-flashing. The Bill requires guidance to be produced, but there is no statutory requirement for our children and young people to have any knowledge or awareness of those specific issues or about why it is illegal and wrong to do those things. Consent matters. That is so important when it comes to the issues that we are legislating for through the Bill.

Our conviction rates for sexual offences remain shockingly low. That must also be addressed urgently. It is not enough for Executive parties to pay lip service to a strategy to tackle violence against women and girls on the one hand while, on the other, they fail to prioritise the legislative reform that is needed to address the shockingly poor outcomes for women and girls who are sexually assaulted and abused. The Bill will go some way, but we have so much more to do.

Photo of Jim Allister Jim Allister Traditional Unionist Voice

There is much in the Bill that is valuable and worthwhile. My concern remains, however, that, by the inclusion of the very dubious clause 19, the Bill's viability within the competence of the House might be jeopardised by reason of its flagrant breach of article 6 of the European Convention on Human Rights.

I have addressed the House at some length on this issue, but to no avail. Clause 19 introduces a blanket and mandatory ban on public hearings, which, I submit, is wholly incompatible with the expectations of article 6 and in conflict with the very clear jurisprudence under article 6 whereby there are multiple cases that make it plain that you can only have a ban on a case-by-case basis and not on a blanket basis. The House knows better, however, and the House decided that it would support clause 19, repudiating any suggestion of tempering it to ensure, beyond doubt, that it would be human rights-compliant. No doubt the Attorney General will have to take a view as to its compliance with human rights, but, certainly to my mind, clause 19 needlessly raises a question about that.

Photo of Roy Beggs Roy Beggs UUP

I call on the Minister of Justice, Naomi Long, to conclude the Final Stage. Can we have the Minister on our screens, please? I ask Members to take their ease for a few moments. There seems to be a technical difficulty here. We hope to bring the Minister back.

Can we have the Minister of Justice on our screens? I call on the Minister of Justice to conclude the Final Stage.

Photo of Naomi Long Naomi Long Alliance

Thank you, Mr Deputy Speaker, for the opportunity to close the Final Stage of the Justice (Sexual Offences and Trafficking Victims) Bill. I am extremely grateful to all of those who spoke in support of the legislation today.

Sexual offences cause serious physical, psychological and emotional trauma to victims, violating them in the most personal and intimate of ways. Often, it is accompanied by a sense of humiliation and shame on the part of the victim and, too often, is a taboo subject in wider society. There is no shame in being a victim of sexual abuse — none whatsoever. The only shame lies with the perpetrator. However, the intrusive nature of investigation and trial can, itself, be traumatic. The Bill, alongside other provisions that I have progressed during the mandate, will assist in addressing many of those concerns, as identified by Sir John Gillen. I hope that this important Bill will play a crucial part in tackling those taboos and will help to generate the confidence in victims to come forward and report their experiences to the police, knowing that they will be believed and will receive the support and protection that they need and deserve.

Human trafficking, whether it is from, to, through or within Northern Ireland, is a trade in human misery by those who seek to profit from the desperation of others. Trafficking exploits those who are particularly vulnerable, in fear or desperation, for sexual exploitation, forced domestic servitude or other forms of modern slavery. It is important that we recognise the impact that that can have on the individuals who are trafficked and that we understand their fear of recrimination and retribution where they cooperate with the authorities and the anxiety that many will have that, having been coerced or forced into illegal activity themselves, they may face criminalisation if they come forward. It is important, today, that we reinforce the message to such victims that that is not the case and that they will be listened to, protected and, crucially, supported as they try to rebuild their lives. The Bill makes further provisions for that protection. I encourage anyone, whether they are a victim themselves or someone who believes that such trafficking or modern slavery is taking place, to come forward and report it to the police.

I want to turn briefly to the comments that have been raised by some Members. First, on budget and resource, I have spoken at length about the challenges that we face in the Department of Justice in respect of the draft Budget. It will simply not be possible to invest in and fund those services as we would wish on those crucial issues unless we see a change to the draft Budget. There is no point in my saying that we will simply prioritise that in the Department, because that alone will not be enough to overcome the funding deficit. It is important, therefore, that not just the Department of Justice but all parties make representations in that regard when it comes to consideration of the draft Budget and the consultation.

I believe that Justice has a crucial role to play in society's health and well-being. It is also an important part of the mechanisms that we have to create safer communities. For that reason, it is important that it is a properly funded service and one that is able to discharge its functions in an efficient and effective way.

That brings me to the point about speeding up justice. I recognise that there are delays in the justice system. We were making inroads into those delays at the start of the mandate. However, COVID has, of course, set that back and created additional backlogs. With the additional COVID funding that we have received to date, we have now seen those COVID backlogs reduced. Earlier this year, we introduced the Criminal Justice (Committal Reform) Act (Northern Ireland) 2022, which will allow us to speed up justice in the longer term. However, all those efforts will, again, depend on continued funding and investment. The court system is currently running at 115% of its normal capacity. That cannot be sustained unless we are able to sustain the human resources and funding that that requires.

With respect to the specific issue that was raised about Ukraine, we need to recognise that there are issues. First, immediate humanitarian support is needed for people in Ukraine and those who are fleeing from it. I told Members previously that I believe that it is important that the UK plays a full role in that. As a Minister, I have been briefed by the head of the Civil Service on the latest proposals from the UK Government for how families and people here can go about offering support directly to people who are displaced and arrive in Northern Ireland seeking our support.

However, a complex system has been put in place that is heavily reliant on the generosity of individuals and their ability to identify those for whom they could provide support. The system will need to be reviewed and overhauled if it is to meet the needs of the growing population of people who have been displaced from Ukraine in tragic circumstances. The best way that we can protect those people is by providing safe and efficient legal routes to the UK so that they do not fall foul of traffickers and do not fall into that system in order to make it to Northern Ireland. The recent announcement that we would deal only with those who arrived in the UK under their own steam risks people falling into that trap of relying on others to traffic them here if they do not have the means at their disposal to escape. That is a high-risk approach, and we should address it with the UK Government to seek better interventions that will support people to get here.

Members raised the issue of vulnerability. Dealing with issues around human trafficking and modern slavery more generally is not a responsibility of the Northern Ireland Executive or, indeed, of the Department of Justice. I believe, however, that the hostile environment policy being implemented by the UK Government makes it more difficult for us to reach people who are vulnerable, trafficked or enslaved, because their fear is that they will simply be deported under the hostile environment policy to then be re-trafficked to the UK or another country. Current approaches do not fully address that vulnerability.

Members have raised what is not in the Bill. Members will recall that, when I brought forward the Bill, it was a wide-ranging miscellaneous provisions Bill that included many of the issues to which Miss Woods referred. However, in order to get the Bill through the Executive and to the Assembly, it was necessary to narrow its scope. The alternative was that the Bill would have been brought to the Executive but would not have made it here. Pressing, important and necessary legislative changes had to be removed as a result. The Bill represents around 70% of our original intent. We have been working through the remaining 30% as a Department, and we now have, at an advanced stage of preparation, a miscellaneous provisions Bill for early in the next mandate.

The key to being able to develop that legislation in order to take forward the issues to which Miss Woods and others referred and to create a stable situation going forward is to have a quick restoration of the Assembly and Executive. The future Justice Minister will be able to progress that Bill in a short time at the start of the next mandate and deal with the essential and crucial issues that need to be addressed and should be addressed. I have taken action to ensure that a Bill will be prepared, irrespective of who brings it forward.

At this stage, I simply thank, again, the Chair of the Committee and members for their support, their careful scrutiny of the Bill and their valuable contributions to its improvement during its passage. The Bill represents the final piece of a jigsaw of interlocking legislation that is designed to provide greater protection from those who seek to blight the lives of vulnerable people in our community through offending behaviour. I hope that there is a message for those perpetrators in our community today that their behaviour, their exploitation, their sexual offences and their abuse of those who are vulnerable will not be tolerated and will lead to serious and, I hope, swift responses from the justice system.

I look forward to a time when legislation such as this is no longer needed, but, until that time, this Bill and other important Bills that I have brought forward during this mandate will contribute to ensuring a better future for many vulnerable people across our community. I commend the Bill to the House.

Question put and agreed to. Resolved:

That the Justice (Sexual Offences and Trafficking Victims) Bill [NIA 29/17-22] do now pass.

Photo of Roy Beggs Roy Beggs UUP 1:00, 15 March 2022

I ask Members to take their ease before the next item of business.