Official Report: Minutes of Evidence

The Chairperson (Mr Frew): The Committee will now undertake its formal clause-by-clause consideration of the Justice Bill and the proposed departmental amendments. I will proceed through the clauses and proposed amendments in order and put the Questions formally. I seek the agreement of members to group clauses that relate to similar areas of the Bill for the purpose of putting the Question. Are members content?

The Chairperson (Mr Frew): I advise members that, where there are any proposed amendments to a clause, I will put the Question on the amendment first. The Question on each proposed amendment that introduces a new clause will be put at the relevant point.

Part 1 of the Bill is "Biometric data: retention etc".

The Chairperson (Mr Frew): The Committee has agreed to an amendment to provide an enabling power for the retention and use of photographs. It will insert a new clause into the Bill, which we will formally consider after clause 3. Similarly, the Committee's proposed amendment to commence Part 1 of the Bill within five years of Royal Assent will be dealt with when we get to clause 33.

I remind members that, early in the Committee Stage, the Minister advised of the need for an amendment to the clause to plug gaps that arose during stress-testing with the PSNI.

The amendments relate to the replacement of the word "reported" with "charged"; to insert a new article 63NA in the Police and Criminal Evidence (Northern Ireland) Order 1989, or PACE; to reference persons completing community-based restorative justice schemes; to bring in a grace period for DNA and fingerprints being held for individuals who are under investigation but have not yet been charged; and to allow for applications to the NI biometrics commissioner for the consideration of materials being retained where the commissioner thinks that retention is appropriate. The restorative justice amendment will also amend clause 1 as follows: on page 7, line 29, leave out "community-based"; and also on page 7, line 29, leave out "scheme".

The Chairperson (Mr Frew): I remind members that the Department has confirmed that a fix will be made to clause 31 to provide the Assembly scrutiny procedure for clause 3(10), so we will deal with that at that point. The Department's planned biometrics amendment proposes an amendment to clause 3 to leave out "63S and 63W" at line 18 on page 18 and insert "and 63S".

The Chairperson (Mr Frew): The title of the proposed new clause is "Retention, use and destruction of photographs". I remind members that the Committee agreed to table an amendment to introduce a regulation-making power to make provision for the retention and use of photographs.

The Chairperson (Mr Frew): I will put the Question that the Committee recommends to the Assembly that the new clause be added to the Bill.

The Chairperson (Mr Frew): Part 2 of the Bill is "Children".

The Chairperson (Mr Frew): I remind members that, at its meeting on 5 March, the Committee agreed to table an amendment to add "vulnerabilities" to the range of considerations that the police must have regard to when making bail and remand decisions in children's cases.

The Chairperson (Mr Frew): I remind members that, as per the previous clause, at its meeting on 5 March, the Committee agreed to table an amendment to add "vulnerabilities" to the range of considerations that the police must have regard to when making bail and remand decisions in children's cases.

The Chairperson (Mr Frew): I remind members that, as per the previous clauses, at its meeting on 5 March, the Committee agreed to table an amendment to add "vulnerabilities" to the range of considerations that the court must have regard to when making bail and remand decisions in children's cases.

The Chairperson (Mr Frew): I remind members that the Committee agreed on 26 February to reflect its concerns and comments about the lack of a timescale for the commencement of clause 8 in its report on the Bill. The report will make clear the Committee's stance.

The Chairperson (Mr Frew): Clauses 9 to 11 are titled "Place of detention following sentencing", "Powers to sentence child to detention: amendment" and "Powers to sentence child to detention: removal" respectively. Are members content for me to group clauses 9 to 11 for the purpose of putting the Question?

The Chairperson (Mr Frew): I remind members that the Committee considered a potential amendment to provide for review of the operation of the new youth custody and supervision orders. Having considered a response from the Department advising that those will be captured in the workload statistics of the Youth Justice Agency (YJA), the Committee agreed, at its meeting on 12 March, not to proceed with a Committee amendment, given that the reporting is already in place, and to consider the annual Youth Justice Agency statistics as part of its ongoing scrutiny work.

The Chairperson (Mr Frew): Clauses 13 to 19 are titled "Place of detention following remand in custody"; "Remand in custody exceeding three months"; "Consideration of time spent on remand in custody"; "Place of detention in custody for contempt of court"; "Removal of powers to remand or commit a child to custody"; "Minor and consequential amendments"; and "Transitional provisions and savings: custody of children" respectively. Are members content for me to group clauses 13 to 19 for the purpose of putting the Question?

The Chairperson (Mr Frew): The proposed new clauses 19A to 19D are titled "Organised crime groups: definitions", "Participating in criminal activities of an organised crime group", "Directing the criminal activities of an organised crime group" and "Organised crime groups: amendments". The new schedule is titled "Organised crime groups: amendments".

I remind members that the Department proposes to add new clauses to the Bill that relate to serious organised crime. The proposed departmental amendments will add new clauses to the Bill to define what constitutes an organised crime group; to set out what it means to participate in the criminal activities of an organised crime group; and to create the offences of participating in the criminal activities of an organised crime group and directing the criminal activities of an organised crime group.

I will put the Question that the Committee is content with the proposed departmental amendments to add new clauses to the Bill to define what constitutes an organised crime group; to set out what it means to participate in the criminal activities of an organised crime group; and to create the offences of participating in the criminal activities of an organised crime group and directing the criminal activities of an organised crime group.

The Chairperson (Mr Frew): I will put the Question that the Committee recommends to the Assembly that the new clauses and the new schedule be added to the Bill

The Chairperson (Mr Frew): Part 3 of the Bill is "Use of live links".

Clauses 20 and 21 are titled "Interviews" and "Detention" respectively. Are members content for me to group clauses 20 and 21 for the purpose of putting the Question?

The Chairperson (Mr Frew): I remind members that, while the Committee supported the clauses, it agreed on 12 March to table an amendment to introduce a new report on the effectiveness of the operation of live links in police custody settings. That amendment will be a new clause, which we will consider separately.

The Chairperson (Mr Frew): I am taking silence as contentment.

Ms Sheerin: Yes, contentment.

The Chairperson (Mr Frew): I remind members that the Committee agreed to table an amendment to provide for the monitoring and review of the use of the live links provisions in the Bill.

The Chairperson (Mr Frew): I will put the Question that the Committee recommends to the Assembly that the new clause be added to the Bill.

The Chairperson (Mr Frew): Proposed new clauses 21A to 21L are titled "Directions for participation by live link", "Enabling the public to see and hear proceedings: limited transmission", "Enabling the public to see and hear proceedings: broadcast", "Effect of live link direction", "Giving a direction under this Chapter", "Presumption of giving evidence by live link in certain cases", "Varying or rescinding a direction under this Chapter", "Offences in relation to participation through live link", "Offences in relation to limited transmission or broadcasting", "Meaning of 'live link' for the purposes of this Chapter", "Other definitions" and "Consequential amendments and transitional provisions" respectively. New schedules 5 and 6 are titled "Public authorities for the purposes of section 21F" and "Amendments and transitional provisions" respectively.

I remind members that the Committee discussed whether to table an amendment to review the use of live links in courts and tribunals. That amendment cannot be tabled until such times as the Minister's amendment is tabled, however. I therefore seek members' agreement to reserve the Committee's position on a potential review amendment until after the Minister's amendment has been tabled. Are members content?

The Chairperson (Mr Frew): I will put the Question that the Committee is content with the proposed ministerial amendment to make provision for the use of live links in courts and tribunals.

The Chairperson (Mr Frew): I will put the Question that the Committee recommends to the Assembly that the new clauses and schedules are added to the Bill.

The Chairperson (Mr Frew): Part 4 of the Bill is "Administration of justice".

Clauses 22 and 23 are titled "Delegation of functions of the Policing Board" and "Removal of requirement to audit performance plans etc" respectively. Are members content for me to group clauses 22 and 23 for the purpose of putting the Question?

The Chairperson (Mr Frew): Proposed new clause 23A is titled "Powers to photograph certain persons at a police station". The Minister's planned biometrics amendment proposes to insert the new clause, which introduces new schedule 5, which is titled "Powers to photograph certain persons at a police station". Is the Committee content with new clause 23A to provide the powers to photograph certain persons at a police station?

The Chairperson (Mr Frew): I will put the Question that the Committee recommends to the Assembly that the new clause be added to the Bill.

The Chairperson (Mr Frew): Proposed new clause 23B is titled "Power to specify date of attendance at police station for fingerprinting etc". The Minister's planned biometrics amendment proposes to insert the new clause, which will amend the Police and Criminal Evidence Order (Northern Ireland) 1989 (PACE) to require attendance at a police station for fingerprinting etc.

The Chairperson (Mr Frew): I will put the Question that the Committee recommends to the Assembly that the new clause be added to the Bill.

The Chairperson (Mr Frew): Clauses 24 to 26 are titled "Consent for prosecution in cases of conspiracy to commit offence outside Northern Ireland ", "Death of child or vulnerable adult: limitation of power to 'No Bill' alternative charge" and "Examination in criminal proceedings through intermediary" respectively. Are members content for me to group clauses 24 to 26 for the purpose of putting the Question?

The Chairperson (Mr Frew): Proposed new clause 26A is titled "Accredited providers of restorative justice services". I remind members that the Committee asked Criminal Justice Inspection Northern Ireland (CJINI) for its views on the potential amendment to require pre-accreditation checks. The Committee can consider the matter further when a response is received. In the meantime, the Committee will wish to consider whether it is content with the proposed departmental amendment, while reserving the right to table an amendment at a later stage.

The Chairperson (Mr Frew): I will put the Question that the Committee recommends to the Assembly that the new clause be added to the Bill, while reserving the right to table an amendment to the Department's amendment at a later stage.

The Chairperson (Mr Frew): I remind members that the Committee was informed of the Department's intention to table a further taxation amendment and remove clause 28 from the Bill. The text of the amendment was subsequently forwarded to the Committee on 3 March. Given the timing, however, the Committee has not had the opportunity to consider the amendment in detail and therefore agreed to note it. The Committee indicated on 5 March that it is not content with clause 28 and noted the Minister's intention that the clause will not stand part of the Bill.

The Chairperson (Mr Frew): Proposed new clauses 28A and 28B are titled "Rehabilitation periods for convictions" and "Applications in respect of certain sentences otherwise excluded from rehabilitation" respectively. I advise members that the Minister proposes to table an amendment to reduce the rehabilitation periods for existing convictions and to allow more convictions to become capable of becoming spent.

I will put the Question that the Committee is content with the Minister's proposed amendments to add new clauses 28A and 28B relating to the rehabilitation of offenders.

The Chairperson (Mr Frew): I will put the Question that the Committee recommends to the Assembly that the new clauses are added to the Bill.

The Chairperson (Mr Frew): Proposed new clauses 29A and 29B are titled "Matters to be included in criminal record certificates" and "Rehabilitation of offenders: excluded offences". The proposed new schedule is titled "Matters to be included in a criminal record certificate".

I remind members that the Committee sought and received agreement from the Department to change the Assembly control for amendments to the list of non-filterable offences to the draft affirmative procedure. The Department advised that the necessary changes will be made in the final draft of the amendment prior to its tabling for Consideration Stage.

I will put the Question that the Committee is content with the Department's proposed amendment to add new clauses 29A and 29B to the Bill relating to the criminal record certificates, subject to the necessary amendment to change the Assembly control for amendments to the list of non-filterable offences to the draft affirmative procedure.

The Chairperson (Mr Frew): I will put the Question that the Committee recommends to the Assembly that the new clauses and schedule are added to the Bill, subject to that amendment also being made to the relevant part of the Bill.

The Chairperson (Mr Frew): I remind members that the Department has undertaken to table two amendments to clause 31. They are to change the Assembly control for the rule-making power in article 63E(11) in clause 1 to the draft affirmative procedure and to provide that the regulations made under the powers in clause 3(10) will be subject to the draft affirmative procedure. The text of the proposed amendments has not been provided by the Department.

The Chairperson (Mr Frew): We are nearly there, Members.

The Chairperson (Mr Frew): I remind members that, as noted at clause 1, the Committee agreed to table an amendment to require that Part 1 be commenced within five years of Royal Assent.

The Chairperson (Mr Frew): The Minister's proposed biometrics amendment and the proposed rehabilitation of offenders amendment will amend clause 33.

The Chairperson (Mr Frew): We now come to schedules 1 to 4 to the Bill. I inform members that the Minister's planned biometrics amendment will amend schedules 1 and 2 and that the planned rehabilitation of offenders amendment will amend schedule 4.

The Chairperson (Mr Frew): I advise members that, as this is the end of the clause-by-clause consideration of the Bill, the Committee must now consider the long title. I further advise members that the planned departmental amendment on organised crime requires the long title to be amended to include "to make provision about involvement in organised crime groups".

The Chairperson (Mr Frew): That concludes the formal clause-by-clause consideration of the Justice Bill and the planned ministerial amendments. I thank current and previous members of the Committee for their cooperation. The draft report on the Bill is being prepared and will be circulated for consideration and agreement at the Committee's meeting on 26 March 2026, which is next Thursday.

Thank you, members. That was more painless than expected.

I also thank Liz from the Bill Office for all her work over the past 18 months. Of course, that work heats up as we near the end of a Committee Stage. Thank you, Liz, for all your hard work and for your continuing work as we approach Consideration Stage.