Northern Ireland’s troubled history made the appointment of the Executive’s first Justice Minister a contentious choice. The deal which made justice devolution possible lasts until 1 May 2012 so the Assembly must make a decision in this term about the way ahead.

In November 2008, Peter Robinson and Martin McGuinness agreed that a Justice Minister should be appointed by a cross- community vote, which effectively opened the door for Alliance.

Any successful candidate requires the backing of a majority of nationalist and unionist MLAs, which is only possible with joint DUP and Sinn Féin support. Those parties can use the same procedure to remove the Justice Minister from office.

A Sinn Féin Justice Minister was unacceptable to DUP supporters and vice versa. Both parties also wanted to block their UUP and SDLP rivals. Even under d’Hondt, it was highly unlikely that the smaller parties would take the justice post.

David Ford was elected Minister (69-33) when justice was devolved on 12 April 2010. He was subsequently re-elected (73-28) on 16 May 2011.

A “sunset clause” meant that this system would end “not later than May 2012” and be replaced by “permanent arrangements”.

Without a deal, the Department of Justice will be dissolved on 1 May 2012. Power would return to the Northern Ireland Office. The parties must therefore reach a decision if they are to keep justice in local hands, which is also the British and Irish governments’ goal.

Direct rule would be particularly damaging for Sinn Féin, which promoted justice devolution as “Irish people administering power over Irish citizens”.

The parties can choose from the following options in the Northern Ireland Act 2009:

· the status quo;

· two ministers acting jointly;

· a Justice Minister and deputy Justice Minister;

· rotating the post between a Justice Minister and his or her junior Minister;

· transferring the justice remit to OFMDFM; and

· running d’Hondt (thus bringing it in line with the rest of the Executive).

Most of these are technicalities carried over from earlier talks. The two most realistic choices are the status quo and d’Hondt. Transferring justice to Peter Robinson and Martin McGuinness is a possibility but would be hard to work in practice. OFMDFM decisions are taken after long political discussions while justice ministers often need to make immediate choices.

The UUP and SDLP claim that cross- community voting gives Ford’s party an unfair advantage. Alliance now has two ministers for 50,875 voters. The SDLP and UUP, combined, have two ministers for 181,817 voters.

Alliance’s priority is to make sure that justice remains devolved and the party is relaxed about the method for choosing a Minister. Effectively, the decision will be made by the DUP and Sinn Féin.

Sinn Féin prefers d’Hondt for all ministerial posts and the DUP supports the cross-community system. Its Assembly manifesto says it would only consider a change “in the context of a wider review of devolution”. The party’s proposals include a voluntary coalition (in the long term) and cutting the number of departments from 12 to eight; the Department of Justice’s remit would not be affected.

Both parties may agree to keep the current system until that review is completed. Delays on previous Executive decisions suggest that this is likely, especially as any changes would need new legislation. Postponing the choice would stretch out the timescale to May 2015 or even May 2016, if Owen Paterson decides to extend the Assembly’s term.

When the NIO was asked for its view, a spokesman said that this was a matter for the Assembly.

An updated Infrastructure Strategy for Northern Ireland (ISNI3) has been drafted and approved by ministerial special advisers. However, until the Programme for Government is released it is unclear which infrastructure projects will get the green light.

ISNI2 was released in 2008 and outlined infrastructure spending from 2008 to 2018. ISNI3 is required because of the economic downturn and budget cuts and will cover infrastructure spending over the 2011 to 2015 budget period.

The departmental spending plans are a good indication of where funds will be directed.

Following the UK Government’s spending review the draft Budget allocated £5.21 billion to capital spending. This was increased by £167.4 million to £5.38 billion in the final version. This is less than half of ISNI2’s indicative spend of £13.4 billion for 2011 to 2018.

Each department began with a zero baseline and was given sufficient funding to cover their existing contractual commitments. Future allocations will be determined on an individual project basis.

Public and private sector organisations have called for the Executive to quickly publish a Programme for Government and ISNI3.

Education

Already, the impact of the austere Budget is showing. Education Minister John O’Dowd has stated that plans for new school builds “which may prove not to be viable or possible” will no longer be processed by his department. In addition, all new build projects in planning have been suspended at their current stage until a financial assessment is made. However, the ambitious £100 million Lisanelly shared educational campus is to go ahead, according to O’Dowd.

Health

Five of the 10 key milestones identified in ISNI2 were completed on schedule: the Downpatrick enhanced hospital; Castlereagh, Grove and Portadown health and care centres; and the Ulster Hospital redevelopment phase. The Enniskillen- based South West Acute Hospital is under construction, while the Andersonstown and Shankill health centres are due to open this year.

Delays have been experienced on the Gransha mental health crisis centre, which was due to be completed last year, and the Omagh enhanced hospital.

The Omagh enhanced hospital and the Altnagelvin radiotherapy unit are further priorities.

Transport

Regional Development Minister Danny Kennedy has said that £800 million of the £1.2 billion allocated for capital spend from 2011-2015 is allocated to the A5 and the A8. Therefore, “a range of competing priorities would have to be considered for the £60 million of additional funding received for major road projects in year four [2014-2015] of the Budget period.”

Decisions on which schemes will begin in 2014-2015 will be dependent on the funding made available beyond the current Budget period and “that will not become clear until further work has been completed to develop the third edition of the Investment Strategy for Northern Ireland, which is due to conclude this year.”

A spokeswoman from the Department for Regional Development said that £20 million will be made available to ensure that the £75 million Derry to Coleraine line can begin construction in 2014.

Justice

The Department for Justice’s capital allocation over 2011-2015 is £276.6 million. This will include £30 million for the new training college and £27 million for prison refurbishment, to be provided by the Executive.

Forensic Science Northern Ireland is currently housed at Carrickfergus police station since its Belfast premises were destroyed by a Provisional IRA bomb in 1992. It will be provided with a new facility.

Culture and sport

Three regional sport stadia (Casement Park, Ravenhill Stadium and Windsor Park) will receive £110 million for refurbishment. Four new mobile libraries will be provided. Local political pressure makes it hard to close branch libraries.

The Ilex Regeneration project will experience “a landmark year” in 2012- 2013, according to the Budget. It will receive £37.6 million from OFMDFM and DSD for capital works.

Sourced from departments
* £400 million to come from the Irish Government

People carrying out wildlife crimes such as illegally collecting the eggs of rare birds, poisoning birds of prey and badger baiting could face a prison sentence of up to six months, following the implementation of the Wildlife and Natural Environment Act 2011 on 18 August.

The organisation of, participation in or attendance at hare coursing and the transportation or possession of hares for that purpose are now banned, and carries a maximum fine of £5,000.

Enforcement authorities such as the police or wildlife officers will be given more powers to investigate alleged cases of wildlife crime.

The Act also extends protection to a wider range of wildlife including the sea horse, basking shark, puffin, red kite and cuckoo. The higher level of protection afforded to these animals means that they should not be killed or injured under any circumstances.

It aims to enhance the protection and conservation of Northern Ireland’s threatened or endangered wildlife.

Hare coursing was temporarily banned in the province under the Game Preservation (Special Protection for Irish Hares) Order in 2004, and is now permanently banned. Environment Minister Alex Attwood said it “should not take place in a modern, progressive, civilised society.”

The Minister announced the tough measures, saying: “Those committing wildlife crimes will be pursued and prosecuted. For the first time custodial sentences will be an option for the most persistent offenders.” A biodiversity strategy must be implemented by the department in order to provide increased protection for a greater range of plants; a list of which must be specified by DoE officials.

The Act also introduces a new statutory duty on government departments and all public bodies, in exercising their functions, to further the conservation of biodiversity. The department is producing guidance to help public bodies fulfil these new requirements. In addition, all departments now have a responsibility to “promote and embrace” nature conservation when carrying out their daily tasks.

Attwood contends that the Act “highlights the important role that the public sector can take in furthering the conservation of biodiversity when undertaking their functions.”

USPCA spokesman David Wilson welcomed the introduction of these new sentences. “It is something we have been campaigning for for some time and we look forward to its proper enforcement.”

He added: “Wildlife crime is not happening in urban areas. It’s happening in the countryside and will require the co- operation of people like farmers to report anything they see.

“Badger digging or badger persecution is one of the most serious wildlife crimes in Northern Ireland and we believe it to be quite widespread and certainly needs to be redressed. This [law] will go some way to help.”

Outline your career path to date.

I always had an interest in journalism and politics but thought lawyers made the big bucks. So I graduated with a law and politics degree from Queen’s University, hoping to ‘keep my options open’. After graduating, I went to Dublin and worked for the Insurance Ombudsman of Ireland which was a terrific first job to land as a graduate. The Ombudsman was a barrister called Pauline Marrinan Quinn (now Ombudsman for the Defence Forces). She was a really interesting and inspirational lady who set very high standards for herself and everyone she employed.

In 1999, I joined the Fianna Fáil press and research team in Leinster House and really enjoyed being on the inside during those early years of Bertie Ahern’s reign as Taoiseach. However given all that was happening politically in Northern Ireland with the post-Good Friday Agreement power sharing administration, I was eager to return home.

In 2001, I took up a role as press officer for the SDLP. Taking up that role was very much a baptism of fire. I had some experience of working with the media but working in politics in Northern Ireland was a completely different ball game and I had to learn quickly! In my first year, I went with the SDLP delegation to the Weston Park talks. I travelled to the White House and Downing Street. It was an extraordinary time for politics at Stormont and it was a privilege to watch it close up.

Of course, one of the other areas I always had an interest in was the law and the justice system. So when I was offered a newly created post in 2003 as public affairs officer in the Police Service, I jumped at it. I was then promoted to Head of News in the Police Service and in 2009 took up my current post as Head of Communications in the Probation Board for Northern Ireland.

What makes for a good press officer?

I’ve worked with a range of good press officers from really diverse backgrounds –

some of them were former journalists, others from a PR background and some like myself just ‘fell into it’. But they all have one thing in common: they understand the media and they understand the need to be available at all times to both the media and members of their own organisation. There is nothing more frustrating than being unable to get hold of a press officer at a critical time. Being able to ‘keep your head when all about you are losing theirs’ is also very useful.

How is a press query handled once you receive it?

It really depends on the nature of the query. All calls are logged and I would work closely with the Director and operational deputy directors in the Probation Board to ensure that when someone is seeking information they get accurate information in a timely manner. In some cases, particularly in relation to public protection issues, there is a need to work closely with other agencies: the police, the Prison Service, the courts.

Because of the nature of the Probation Board’s work, there are times when you simply cannot give the media the information they want. However, journalists are aware of that and as long as you are up front and honest, they are generally very understanding.

What particular challenges does communications work for the Probation Board involve?

I think people are less aware of the work carried out by probation officers than they are of some of the other criminal justice agencies in Northern Ireland. I know when I joined the organisation, I was surprised at the range of work carried out by the Probation Board. The Probation Board really provides services at every stage of the criminal justice process – at court, in custody and in the community.

I think at times there is also a perception that probation is a soft option and is more concerned with the rights of offenders than victims. A lot of what I have tried to do in the last 18 months is about communicating the work that is done both directly and indirectly with victims and explaining the key role probation officers play in helping ensure safer local communities.

What professional standards are binding on press officers?

First and foremost honesty. If a journalist doesn’t trust you or believe you, they won’t talk to you. Likewise you have to be trusted by your colleagues and those with which you work.

How has the Freedom of Information Act changed your role?

As Head of Communications within the Probation Board, I am responsible for Freedom of Information as well as looking after all internal and external communications and public affairs. So I have a very direct role with freedom of information. I think it is really important that communications officers and freedom of information officers work closely together. My staff work together in an open planned office and on a practical level that is very beneficial in terms of sharing information. Sometimes journalists use freedom of information when it would be much easier for them just to pick up the phone and ask a press officer. In those cases it can be useful for press officers to offer help to journalists. I think on a more general level, freedom of information should make us all pay better attention to keeping and maintaining good records.

Outside work, what are your main interests?

My five-year old daughter is my main interest outside of work. Alastair Campbell, former Director of Communications for Tony Blair, wrote recently about happiness and said: “Work-life balance is hard. We should put our kids first but busy people can’t and don’t. But I am at my happiest when I am at my closest to them. And I know this too – a parent is never happier than his or her least happy child.”

My husband and I are blessed in that we have a very happy child who is looked after when we work by my parents, which makes a massive difference. My husband is Director of Communications for the University of Ulster, so we tend to spend a lot of time glued to media in some shape or form.

When we get the chance, I also love watching films, reading, walking and I recently bought a bike but hopefully it’s not all downhill from here on.

“We’re all in this together,” David Cameron affirmed as he visited Stormont last May. Yet one year on, as austerity starts to bite and the devolved nations dissent, Northern Ireland and Westminster seem further apart now than before the general election.

This is partly because 2010-2011 has also been the first year of ‘full devolution’ in almost 40 years so Westminster’s say on most social and economic policy is limited. However, this direct influence is outweighed by the block grant funding 93 per cent of our budget.

Ulster Unionists had hoped that they, and not the Liberal Democrats, would be forming a coalition government. The UCUNF project delivered 102,361 votes but no MPs, ending a century of UUP MPs in the Commons.

All 13 sitting Northern Ireland MPs voted against plans to raise English university fees in December; the policy was passed by 323 votes to 302. In the Commons’ most serious decision to date, the House divided 557-13 to approve military action against Libya. The DUP and Alliance were in favour but the SDLP objected.

Cameron & Clegg

As Leader of the Opposition, David Cameron visited Northern Ireland for the UUP conference on 6 December 2008 and to campaign on 4 May 2010, returning as Prime Minister 16 days later.

On the 4 May visit, agendaNi asked Cameron how often he planned to visit Stormont but he said that would be “very much a matter for them” i.e. the MLAs.

The Coalition Agreement re-iterates his desire to “work to bring Northern Ireland back into the mainstream of UK politics”. Conservative sources insist that his interest is sincere and Owen Paterson has recalled how he read his reports on the province “in great detail” when in opposition. He also made private visits, including a walk in the Glens of Antrim.

In government, Cameron’s closest link to Northern Ireland has been his apology for Bloody Sunday, relayed live to Derry’s Guildhall Square on 15 June, when he stated that he was “deeply sorry” on behalf of the Government and the country.

Nick Clegg made a two-day visit to the province in October 2010. Meeting students and staff at Queen’s University, he said he was conscious that the economy here is very dependent on the public sector and that it is time “to try and create a Northern Ireland economy which is more diverse.”

He also met with Robinson and McGuinness, who pressed him on spending cuts. Speaking of the deficit reduction plans, Clegg said: “I am acutely aware that what we’re doing is controversial and is difficult.”

Paterson

Owen Paterson had extensive previous experience of the province from his time as Shadow Northern Ireland Secretary, and has been much more visible and energetic than Shaun Woodward.

In an interview with agendaNi last summer, Paterson said he wanted to see devolution settle down and the private sector grow, but said Northern Ireland must be part of the “team effort” to cut the deficit.

Paterson has set down ground rules for the First and deputy First Ministers who, to their dismay, must approach him as the main contact point for Westminster rather than going directly to Cameron. The Tories have a free rein in the Northern Ireland Office, with no Liberal Democrats to consult; Hugo Swire has a low-key support role as Minister of State.

Among unionists, Paterson sparked controversy in February when he commented that if Sinn Féin’s Martin McGuinness was First Minister, it would be “an extraordinary endorsement” of progress.

As Shadow Northern Ireland Secretary, Paterson was heavily involved in UCUNF but relations with the UUP have since cooled. The Ulster Unionists now follow a more traditionalist course, although future UUP MPs may take the Tories whip.

In return, the Conservatives did not contest the Assembly poll (unlike Scotland and Wales) and put up eight council candidates who gained 1,321 votes. In a break with tradition, Owen Paterson supported their campaign but none were successful. However, Northern Ireland voted no to AV, with 56.3 per cent against.

Finance

Northern Ireland is the region of the UK most reliant on state spending. The Spending Review announced that resource funding was to be reduced by 6.9 per cent and capital funding by 37 per cent over four years. However, the Executive claims that the cuts amount to 8 per cent and 40.1 per cent respectively.

The Secretary of State promised to honour the £18 billion infrastructure investment programme promised by Labour under the St Andrews Agreement and says this can be delivered on the same timescale, by 2018. Peter Robinson and Martin McGuinness claimed this has been disregarded but Paterson commented that Northern Ireland had got a “good deal”.

£200 million will also be released to compensate Presbyterian Mutual Society members.

The campaign to reduce Northern Ireland’s corporation tax rate also moved forward, with the main political parties welcoming a consultation paper from the Treasury in March. It outlined the implications of devolving that power but Paterson warned that the reduction is “not in the bag”. The consultation runs until 24 June.

In 2009-2010, £4.2 billion was spent locally on social security benefits. Work and Pensions Secretary Iain Duncan Smith said that planned welfare cuts represent a “huge step forward” and will ensure that work is at the “heart of the welfare system”.

Alex Attwood warned, though, that the Westminster cuts could “lock an economy into high unemployment and low growth”. He argued that to propose cuts to welfare payments while disregarding Northern Ireland’s high level of deprivation “is folly”.

However, the plans were welcomed by then Employment Minister Danny Kennedy. “We need to get serious about addressing the economic and social impact of long-term unemployment and inter-generational worklessness,” he remarked.

Security

Ministers and officials have closely followed the rising threat from Irish terrorism, now described as “severe” in Northern Ireland and “substantial” in Great Britain. MI5 has been responsible for national security since October 2007 but has accepted that its initial assessment was wrong.

In 2010, there were 81 terrorist-related shootings and 91 bombings in the province. In response, the PSNI arrested 210 suspects and charged 49 of them with terrorist offences.

The most serious attack came on 2 April 2011, when Constable Ronan Kerr was murdered in Omagh. Cameron took a calmer approach than Gordon Brown who flew to Northern Ireland after the Massareene Barracks attacks. The PM issued his condemnation in London and Owen Paterson flew back to oversee the response.

Paterson has also secured an extra £199.5 million for the PSNI’s anti- terrorism work up to 2015, backed up by £45 million from the Northern Ireland Executive. Dissidents intend to attack targets in Great Britain but have not been successful.

The way ahead

David Cameron set out three aims on the night he took office: an economy that “rewards work”, a society with “stronger families and stronger communities” and a political system “that people can trust and look up to once again.”

Economic recovery will be the litmus test for the coalition over the next four years and there is more financial pain to come. UK-wide growth was 0.5 per cent in 2011’s first quarter. Inflation is expected to reach 5 per cent this year.

The coalition claims its approach is “tough but fair” while Labour retorts that it’s “hurting but not working”. Other parties, including all local MPs, will continue to oppose the deficit reduction’s direction and speed but the Government is sticking adamantly to the Spending Review.

Public uproar and Lib Dem pressure could force changes. That said, the Government was not deterred by the tuition fee protests and the Conservatives’ influence far outweighs the minor party.

The union itself will be tested by Scotland’s referendum but, short of independence, Alex Salmond wants more autonomy in Edinburgh, including over corporation tax. The UK enters this unpredictable phase as a ‘disunited kingdom’ with different parties in government in each nation.

Central government cuts and growing regional calls for separatism may result in a very different UK, politically and in everyday life, when this Parliament is complete.

Achievements

agendaNi asked Northern Ireland’s representatives in Westminster for their main achievements during the last year.

DUP

• Ensuring that the Coalition Government “stuck with” the proposals agreed with Labour to refund Presbyterian Mutual Society members

• Opposition day motion calling for the Government to put the military covenant on a statutory footing

• Nigel Dodds’ Support and Protection for Elderly People and Adults at Risk of Abuse Bill

SDLP

• Mark Durkan’s speech on the Saville inquiry and David Cameron’s Bloody Sunday apology

• Dedicated fisheries debate in Westminster

• Westminster Hall debate on Ballymurphy

Alliance

• Called for transparency in party political donations and an end to dual mandates

• Pressed the Chancellor to ensure that new banking regulations are effective in Northern Ireland

• Made the case for fairer reform of welfare and pensions

Sylvia Hermon

• Campaigning to save Northern Ireland’s last remaining Coastguard centre in Bangor

Sinn Féin emphasised its abstentionist policy and claimed that none of the sitting MPs make any impact within the chamber.

The UUP, which has five peers, declined to respond.

Interface communities who want to remove barriers will get help from government, under the Department of Justice’s draft community safety strategy. Forty-seven barriers were ‘inherited’ from the NIO and the term peace walls “appears increasingly outdated”.

The emphasis on sharing is the most innovative part of the document. All public services also have a responsibility to provide “shared spaces” where people can congregate without the threat of aggressive flags and emblems.

Consultation on the strategy, for 2011 to 2015, will close on 15 April. It follows on from the previous 2003-2008 strategy; a replacement was delayed until justice was devolved.

“Community safety” is frequently used in official language. In practice, it means finding local solutions to local problems with the help of organisations other than the police e.g. councils, youth clubs or the Housing Executive. Its overall aim is to reduce crime, the fear of crime, and anti-social behaviour (i.e. aggressive, intimidating or destructive activity that affects someone’s quality of life).

In summary, the department wants communities to be not just safer, but shared and more confident.

Under the first theme, anti-social behaviour “can mean different things to different people.” Neighbourhood watches, CCTV and warning letters help to tackle the problem. Anti-social behaviour orders (ASBOs) are usually a last resort, and readers are asked whether they find these to be effective. The department is prepared to consider alternatives.

‘Early years’ and ‘early stage’ interventions are considered important e.g. home visits to troubled families, referrals to drug rehabilitation, youth conferencing. Much of this work is done outside the justice system but can reduce offending later on in life.

In 2009-2010, the PSNI recorded 2,148 hate crimes, mostly sectarian and racist. The “devastating impact” on victims is greater than the numbers suggest and new proposals are due to be published.

Reported crime levels have steadied at around 110,000 offences per year since 2007 but estimates suggest that less than half of all crimes are reported. Hate crime, domestic violence and sexual abuse are particularly hidden. Surveys suggest that two-thirds of people think that crime is now worse now than two years ago.

To tackle fear of crime, communities must have an “accurate understanding of the risk and likelihood of crime”. That suggestion seems to warn against sensational media reporting but the department also admits that the system can improve how it communicates with the public.

“Partnership” is used extensively. This is a common phrase in government documents but has become more relevant since devolution. Justice, social work and education policy are now run by the same government rather than being split with the NIO, which often appeared distant.

Practical examples will include the proposed policing and community safety partnerships and continued support for voluntary groups such as NIACRO. The strategy’s budget is not yet agreed.

Introducing the paper, David Ford described Northern Ireland as a “comparatively safe place to live” but its communities “do not always feel safe”. A long-term approach, dealing with the risk factors that can lead to offending, was also needed. He added: “I firmly believe that shared communities are safer communities.”

Alliance
Justice Minister: David Ford MLA
Justice and Human Rights Spokesman: Stephen Farry MLA

When Alliance took on the portfolio on devolution in April 2010, David Ford argued that a shake-up of the system was needed to ensure “fair justice for all”.

In 2007, Alliance described a fundamental relationship between democracy, human rights and the rule of law. The party has also advocated UK and Irish entry into the EU’s Schengen zone to ensure greater co-operation between police and judicial services. This would include a hot pursuit protocol to enable the PSNI and Garda to cross over into each other’s jurisdictions.

A strong anti-paramilitary line is taken. Its Assembly manifesto suggested specific offences of engaging in paramilitary-style attacks, prosecutions for paramilitary flags under the Terrorism Act 2000 and allowing ‘exiles’ to return.

In its 2010 Westminster manifesto, Alliance pledged to improve the speed and efficiency of justice. A sentencing guidelines council was also proposed. The party emphasised prevention, early intervention, rehabilitation and collaboration between the police and other justice organisations.

Raising the profile of mental health and personality disorder conditions within the criminal justice system was also seen as important, as were the needs of victims and witnesses. At Westminster, it would oppose the permanent storage of the DNA of innocent people without their consent.

DUP
Assembly Justice Spokesman: Lord Morrow MLA
Westminster Justice and Home Affairs Spokesman: William McCrea MP

The DUP claims the devolution of policing and justice “will allow us to adapt our criminal law more quickly than lagging behind England and Wales”.

In 2007, it called for tougher sentencing for crimes against the elderly, causing death by dangerous driving or driving while under the influence of drugs or alcohol. Anti-social behaviour orders needed to be strengthened and enforced more rigorously, it added.

A detailed 2010 Westminster manifesto looked forward to setting funding priorities for the criminal justice system. The party would support extra crime prevention and community safety initiatives, such as CCTV schemes.

Priorities included reducing the number of domestic abuse and knife crime cases as well as drug-related offences. Delays in the criminal justice system and the high number of prisoners on remand were also posing problems.

The prison estate “must improve” and the high number of mental health and personality disorder problems should be tackled. Its European manifesto promised to assess the level of republican support for the police and the rule of law and ensure that paramilitarism is “gone for good”.

Sinn Féin
Assembly Justice Spokesman: Raymond McCartney MLA
Assembly Policing Spokesman: Alex Maskey MLA
Oireachtas Justice Spokesman: Caoimhghín Ó Caoláin TD

Sinn Féin saw the devolution of policing and justice as a chance to “overcome resistance to change” within the PSNI, Garda and Northern Ireland Office.

In 2007, it demanded effective responses to sectarian, racist and homophobic attacks and violence against women and children.

More funding was sought for community restorative justice schemes. Victims and survivors of domestic violence also required more refuge and housing. It also proposed an all- Ireland register of sex offenders.

The main focus of its 2010 Westminster manifesto was enhancing the accountability, transparency and effectiveness of the criminal justice system. However, the party also called for the end of “politically driven” organisations such as MI5 and the Serious Organised Crime Agency. Alex Maskey said there should be a civic police service “free from partisan political control or interference” as an alternative.

There should be a total end to the use of plastic bullets and a “branch and root” reform of the Public Prosecution Service, the party stated.

UUP
Justice Spokesman: David McNarry MLA
Policing Spokesman: Basil McCrea MLA

Justice priorities in 2007 included rejecting any reductions in police numbers, support for restorative justice schemes that work fully with the PSNI, electronic tagging and polygraph testing of high-risk sex offenders, and support for robust rehabilitation programmes.

In the general election campaign, the Conservatives and

Unionists vowed that the Chief Constable would have “every resource possible” to protect Northern Ireland from the threat posed by dissident terrorism.

More stop and search powers for the police, to tackle knife crime, were prioritised. The parties also pledged that anyone acting reasonably to stop a crime or apprehend a criminal would not be arrested or prosecuted. They would “back measures to give householders greater protection” if they had to defend themselves against intruders in their homes.

Its European manifesto pressed for mutual recognition, rather than harmonisation, in justice and home affairs policy, and opposed “grand centralising schemes” such as the European Prosecutor.

SDLP
Assembly Justice Spokesman: Alban Maginness MLA
Assembly Policing Spokesman: Dominic Bradley MLA
Westminster Justice and Home Affairs Spokesman: Mark Durkan MP
Youth Justice Spokesman: Councillor Matthew McDermott
The SDLP’s Assembly manifesto proposed an all-Ireland sex offenders register, tagging of dangerous offenders and an end to automatic 50 per cent remission for them. Anti-social behaviour order legislation needed to be reviewed, with ASBOs only used as a last resort.

A review of the prison establishment was also suggested, along with a balanced workforce. As a rule, victims should be given reasons where criminal charges are dropped or not brought. A routinely unarmed police service would be backed up with emergency support units.

In 2010, the SDLP backed a charter of rights for victims of crime along with a review of criminal law. It also supported a sentencing guidelines council and a review of knife crime penalties, and the devolution of drug classification. The PSNI, it contends, should have primary in national security policy rather than MI5. In Europe, the party sought more participation in the European Commission’s Forum on the Prevention of Organised Crime and the EU Crime Prevention Network.

Green
Northern Justice Spokesman: Steven Agnew
Oireachtas Justice Spokesman: Senator Niall Ó Brolcháin

In 2007, the Green Party said it would focus on the reasons for crime instead of dealing simply with the consequences. A “community restorative justice infrastructure” was proposed. The party would also push for “thorough improvements” in the prisons so that the dignity and human rights of detainees are respected. It promised to reduce the number of re-offending prisoners and called for alternatives to prison for convicted offenders.

PUP

The PUP supported increasing the use of restorative justice proposals in its Assembly manifesto and said it would like to see these schemes used more widely within the criminal justice system. It also promised to “work in partnership” with police and local communities to create safer neighbourhoods.

While John Larkin has kept a low public profile since his appointment as Attorney- General, on 25 May last year, his role is a significant addition to the devolved system of government. A local individual is now the Executive’s chief legal advisor and guarding the public interest for the first time in nearly 40 years.

Northern Ireland had 11 Attorneys-General between 1921 and 1972, starting with Richard Best and ending with Basil Kelly. Upon direct rule, the post passed to the Attorney-General for England and Wales.

The 2000 Criminal Justice Review recommended a non-political, independent role for a local Attorney- General. However, this means he has less power than some of his counterparts and has resulted in some calls for reform.

Progress

In one of his first decisions, the AG directed that a fresh coroner’s hearing be held into the killing of Francis Bradley by the SAS in 1986. The families of 11 civilians killed by soldiers in Ballymurphy in 1971 have also submitted a call for a new investigation.

When sworn in on 9 June, Larkin described the independent bar as a “strong and protective force in and for the rule of law.”

In November, Larkin visited the European Court of Human Rights in Strasbourg. He has also launched the Living Law programme, designed to give secondary school pupils a “fresh and lively introduction” to law and the justice system.

Larkin has also called for limits on legal fees so that “people of modest means won’t be required to pay the bills of the wealthy”, adding that senior lawyers who had benefitted from “historically very generous” funding should offer pro-bono services.

The Attorney-General is supported by 13 staff and is paid a £197,000 salary, higher than the Prime Minister (£142,000).

His spokesman explained that this was set by the First and deputy First Ministers, against levels of judicial pay.

For comparison, a Lord Justice of Appeal earns £196,707 per year.

Powers

The Attorney General is appointed by the First Minister and deputy First Minister, acting jointly. Barristers and solicitors “of at least ten years’ standing” are eligible; the term of office lasts five years and is renewable.

At present, his main responsibilities are as follows:

• Chief legal adviser to the Executive (and leading on litigation arising from that advice);

• Referring Assembly legislation which appears to be ‘ultra vires’ (i.e. beyond its powers) to the UK Supreme Court;

• Appointing the Director and Deputy Director of the Public Prosecution Service;

• Guardian of the rule of law i.e. representing the public interest and ensuring that all persons and legal entities are accountable to the law.

As the Attorney-General is unelected, he cannot present legislation or vote in the Assembly. Indeed, the holder is barred from standing for election. During Assembly proceedings, the Attorney- General is free to refuse to answer questions or requests for documents which may prejudice criminal proceedings.

The First and deputy First Ministers have agreed that the Attorney-General’s advice will be sought on the “most important and complex legal matters” facing the Executive and ministers.

Unlike the direct rule Attorney-General, John Larkin has no power to superintend the Public Prosecution Service and cannot, for example, intervene to appeal unduly lenient sentences. “The reason for that isn’t entirely clear to me at least,” he said on his appointment.

The PPS has instead become a non- ministerial department. Its Director consults the Attorney-General on its annual report and amendments to the Code for Prosecutors.

The Criminal Justice Review said that, although the Attorney-General would be non-political, it was necessary to go further and ensure that he did not supervise the PPS. “In other words, there should be no power for the Attorney General to direct the prosecutor, whether in individual cases or on policy matters,” it recommended.

Before justice was devolved, unduly lenient cases were referred to the Court of Appeal by the direct rule Attorney General. Cases are now referred by the Director of Public Prosecutions, who could be regarded as a party to the proceedings.

SDLP Justice Spokesman Alban Maginness says this situation is “unsatisfactory” and the previous referral system had worked very well.

His Alliance counterpart Stephen Farry is “open” to reviewing the Attorney- General’s powers but adds a note of caution “as the current arrangements have only been in place for a matter of months.”

Appealing of lenient sentences, accountability on the Assembly floor and the transparency of advice could all be considered. Farry suggested that the role could be reconsidered in conjunction with a review of the Public Prosecution Service, a decade on from the Criminal Justice Review.

Purpose

Within the British Isles, Larkin’s role is most similar to his southern counterpart, Paul Gallagher, who sits outside government but can participate in ministerial meetings where required. The Irish Attorney-General is responsible for a limited number of prosecutions for fisheries and extradition offences, unlike his northern neighbour.

The Attorney-General for England and Wales (Dominic Grieve) and the Scottish Lord Advocate (Elish Angiolini) are both ministers.

The Northern Ireland Attorney-General has met his Irish and England and Wales counterparts twice since 9 June.

Brice Dickson, a former Chief Human Rights Commissioner, sees the Attorney- General’s purpose as being “a completely independent guardian of the public interest” within the legal system.

“This means providing impartial advice to the Executive, overseeing the civil and criminal justice systems to ensure they operate fairly, and taking legal proceedings whenever necessary to uphold the public interest in the rule of law,” he continues.

The Attorney-General must also “run a very lean machine” in his or her own office, which should be “completely transparent in explaining its outlays.” Dickson would like to see the Attorney- General having more powers to review the PPS’ activities. He would also advise him to “take steps to ensure that the legal system does not fall into further disrepute on account of the excessive fees that are paid to some lawyers.”

In Dickson’s view, the Attorneys-General from 1921 to 1972 did preserve their independence despite previous connections with the governing party. “I would hope that the current and future AGs would follow that lead in putting political considerations entirely out of their mind when exercising their functions,” he concluded.

Justice Minister links

Alban Maginness questioned what relationship existed between the Justice Minister and the Attorney-General. In response, a Department of Justice spokeswoman said that meetings between the two men had so far been “arranged as required” but she anticipated that these will take place at least quarterly.

“Beyond these meetings there is a great deal of correspondence and informal contact,” the spokeswoman added. The Justice Minister is also required to consult the Attorney-General before making appointments to the Law Commission and before agreeing its work programmes.

As with all ministers, the Justice Minister can seek the Attorney-General’s advice on legal matters and seeks his views on the competence of legislation before it is introduced to the Assembly.

Maginness also emphasised that the Assembly needs to work out how he relates to the Assembly. The Procedures Committee has started an inquiry into this subject, which is on hold until the Department of Justice completes its consultation into the Public Prosecution Service’s accountability. This is due to start early this year.

The devolution of policing and justice brought responsibility for most aspects of law and order to the new Department for Justice. In the nine months since devolution in April 2010 David Ford has introduced his first Justice Bill and presided over 10 consultations.

The Justice Bill passed its second reading in the Assembly on 2 November 2010 and proposes an offender levy to finance a victims’ fund, the integration of community safety and district policing partnerships, and means testing those applying for legal aid.

In addition, reviews are being carried out into prisons and the youth justice system. However, the mistaken release of three prisoners and a dirty protest by republican prisoners at Maghaberry prison have challenged the fledgling department and its Minister.

It is true that there were 3,700 less recorded crimes from April to November 2010 compared to the same seven months in the previous year but crime rates depend on many factors. During 2009-2010 there were also two security related deaths, shooting incidents increased from 25 to 54, bombings from 46 to 50 and paramilitary shootings from 26 to 46. Paramilitary assaults also increased from 41 to 81.

Professor Shadd Maruna, Director of the Institute of Criminology and Criminal Justice at Queen’s University argues that: “The success of any justice system cannot be measured by crime reduction alone.”

In his opinion, “justice is meant to serve expressive purposes as well as instrumental ones.” He tells agendaNi: “A well functioning justice system is one that is widely perceived as legitimate, fair and just by all sectors of society – even prisoners.”

Maruna sees the devolution of policing and justice to the Executive as “a once-in- a-lifetime opportunity for reinventing justice.”

He adds: “It is a chance to ask the public what they want out of justice and to make the system much more responsive to those needs.”

The current root-and-branch reviews of Northern Ireland’s “not-fit-for-purpose” prison system and the treatment of young people by the justice system “are just two examples of long-overdue changes already happening,” Maruna believes.

Olwen Lyner, Chief Executive of the Northern Ireland Association for the Care and Resettlement of Offenders (NIACRO), agrees.

“Not only are these [reviews] necessary [and] could lead to change for the better, the Minister has been flexible in his management of them.”

The justice department should have three priorities, according to Lyner.

These are:

• a collaborative criminal justice system where there is consensus about the purpose of the system and resources are directed into resettlement;

• ensuring that all departments recognise that they have “a huge part to play”; and

• influencing public attitudes by ensuring the media present an accurate picture of the criminal justice system based on the facts and “good solid research.”

Policing and justice was devolved to Scotland in 1999. The Scottish Prisons Commission acknowledges that “Scotland locks up more of its people than most other places in Europe.” Despite the high rate of imprisonment, 74 per cent of offenders who serve short sentences in Scottish prisons end up committing another crime within two years.

Lyner and other NGOs have spoken to the Minister about the “clear warnings” from the Scottish example. “There are new bureaucratic and punitive institutions and procedures, a rising moral panic fuelled by politicians and the media, and an emerging battle for the heart and soul of criminal justice policy between practitioners and politicians,” she explains.

For comparison, in 2008 there were 88 prisoners per 100,000 population in Northern Ireland, 153 in England and Wales, 152 in Scotland and 76 in the Republic of Ireland.

Human rights is not a foreign or ultra- liberal concept, according to Basil McCrea. The UUP MLA, who chairs the Policing Board’s Human Rights and Professional Standards Committee, points out that British parliamentarians helped to draw up the European Convention on Human Rights after World War Two. Winston Churchill was among its early supporters.

McCrea states that human rights is a “basic tenet of democracy and civilisation”. The role of the police is to “uphold everybody’s human rights” but “everybody also has human responsibilities.”

The committee’s formal role is to ensure that the PSNI complies with human rights legislation. “Human rights is at the very core now of professional, modern policing,” he adds, “so our job is not just to ensure the compliance but to ensure that is fully embedded in the very culture of the Police Service.”

There is a view that human rights is a “negative” force that “holds back the police from doing a good job”. In its defence, he explains that the police can only “police by consent” and “have to win the hearts and minds of everyone”. The alternative, without rights, would be a police state.

The police have very powerful rights, including the use of force, and can only be given these if there are “corresponding rights on the other side to say: ‘You can’t use these disproportionately.’”

To give a practical example, he looks back to the Ardoyne riots last July. Many people were unhappy that the police “stood on the line and took it” when under attack. However, dissident republicans wanted officers to break ranks and use their batons, for their own publicity.

Following an assessment from the board’s human rights advisor, it unanimously supported the policing operation put in place by the PSNI to deal with this serious disorder. McCrea sums up the board’s key message as: “No, our Police Service is the finest in the world in public order policing. Officers were disciplined, they do things properly and it’s to their credit that they did it.”

Stop and search

Contentious issues on the committee’s agenda include allegations of state collusion and the use of anti-terrorism powers.

Section 44 of the Terrorism Act 2000 allowed officers to search any person or vehicle in a specified area. It was ruled potentially unlawful by the European Court of Human Rights in July 2010.

“Whilst in any one individual circumstance it may be right to do it, collectively it actually builds up a wave of people saying: ‘Well, the police are victimising me or being unfair here.’” Some communities then claim that the police are not welcome in their area.

“We’ve said to the police: ‘You have used these other stop and search powers [section 21 and 23 under the Justice and Security (Northern Ireland) Act 2007] where you have to have just cause,’” he continues. The PSNI now issues quarterly reports on the number of people who are stopped, the areas in which the searches take place and their frequency.

As a sign of progress, the board’s 2010 Human Rights Report contains five recommendations, compared to 20 in 2009. Its format is now shorter, and the report goes “in tandem” with the thematic inquiries which have been a “really successful innovation”. Each thematic considers a particular subject over four to five months and upcoming inquiries will cover policing with and for the lesbian, gay, bisexual and transgender community, and the use of stop and search powers.

McCrea emphasises that a thematic is “a process rather than an outcome”. Interested stakeholders put forward their views and the committee then gathers responses from the PSNI. The aim is to get a common agreement, even where the recommendations are challenging. Members also check up on progress, six months and 12 months after a report is made; the committee therefore has a “very good relationship” with its stakeholders.

Young people

The latest thematic review covers young people and policing, and considers anti- social behaviour, police powers and alternative disposals. However, as it makes clear, young people and anti-social behaviour are sometimes unfairly linked. In Operation Exposure, the police published photographs of suspected rioters after the Ardoyne riot but the board emphasised that pictures of young people should not be used in this way. Publication can stigmatise young people and lead to them being routinely identified.

Groups of young people are sometimes seen as a problem but the committee says that other activities must be provided for them, as an alternative.

“Young people are more likely to be the victims of crime than the perpetrators of crime,” he remarks. “Quite often, the facts fly in the face of public opinion and what we have to do is try and explain: ‘No, this is not correct.’”

The report was launched with a direct internet feed and is linked into new media, so young people can send in their opinions as well.

“It is really important that our society realises that no one is allowed to victimise anybody for whatever reason,” he states, “that you are not allowed to pick on the young or the old or the infirm, or people of a particular religious background, or people of a particular sexuality. And the police are there to go and support everybody.”

On the professional standards side, the Board also plans to look at incivility i.e. where a police officer is rude to a member of the public. It can take up to 13 other contacts with the police to make up for one poor engagement with a police officer.

McCrea admits that some people have a “difficult relationship with the police for historic reasons” but thinks that the complaints process could be improved. The current culture is to send all complaints straight to the Police Ombudsman’s office. Instead, the committee is keen to find ways of resolving problems locally, perhaps through an apology or clearing up a misunderstanding.

Supervisors and commanders need to make sure that officers understand that policing is a “service to the community” and therefore must build relationships.

Overall, McCrea sums up the committee’s relationship with the police as “positively challenging” and says the board is seen as a world leader in how it handles these issues.

There are disagreements but he adds: “I think we have won their respect, that when we make statements they are well- informed and for the better interests of everybody, and that we do take some time to ensure that our points are properly understood.

“We will not, as a committee, shy away from putting out challenging statements but we will always give the police the opportunity to explain the background or to come up with alternatives or to address the various issues.”

The ultimate outcome sought by the committee is “a society where everybody feels that the police are there to protect them, regardless of background, and that if you go to them you get things sorted out. And if you do that, you get a lot more intelligence and information coming forward.”

Committee members

Chair: Basil McCrea MLA Vice-Chair: Mary McKee Martina Anderson MLA Jonathan Bell MLA Rosaleen Moore

Gearóid Ó hEara Alastair Ross MLA Suneil Sharma