As the Assembly prepares for its first justice legislation, agendaNi summarises the main proposals being considered.

When the Justice Bill is debated on the Assembly Chamber’s floor this month, it will be marking a significant legal milestone. Stormont is now on a par with Holyrood, Westminster and Leinster House by debating and passing laws on criminal justice. It is also the first Bill brought forward by an Alliance Minister.

A miscellaneous provisions Bill was mooted in the Hillsborough Castle Agreement in February, and as the title suggests, this would essentially be a broad, tidying-up exercise. David Ford hopes the law will be passed before the next Assembly election. He admits this is a “relatively short timescale” but allowed officials to brief the committee before the summer recess, to speed that up.

Five main subjects have been considered by the committee i.e. victims’ and witnesses’ needs; legal aid; efficiency in the courts; crime reduction partnerships; and offences at sports events.

Sport

Disorder at sports grounds is relatively rare in Northern Ireland but has happened, as shown by the Linfield v Glentoran crowd trouble in December 2008. The proposals cover large football, GAA or rugby venues.

There will be a clampdown on offensive chanting and songs; the word “offensive” covers all the ‘section 75’ categories as “sectarian” is hard to define in law. Bringing flares and bottles into grounds is also to be prohibited.

Spectators would also not be allowed to possess alcohol in grounds within sight of the pitch between two hours before a game and one hour afterwards; it would also be banned on hired transport. A court could also ban a person from a football match for up to 10 years on conviction.

Sinn Féin’s John O’Dowd has questioned the need for new legislation as the worst behaviour is already against the law. He also considered the alcohol proposals too strict as well-behaved supporters should be able to enjoy a drink sensibly.

One of the more controversial points is a proposed ban on unauthorised pitch incursions, which many spectators see as overcautious. Sports bodies have restricted these celebrations by citing health and safety reasons. Barrister and GAA player Joe Brolly has pointed out that fencing to contain spectators is more likely to cause accidents than running spectators, as shown by the Hillsborough disaster.

Victims

Justice cannot be done without evidence but intimidated or vulnerable victims and witnesses are more reluctant to give that to the court. Some ‘special measures’ to protect them are already in place, including screens, video links, and video recordings of evidence-in-chief and cross-examinations.

In cases involving firearms, knives and other weapons, witnesses would be automatically eligible for special measures. Ultimately, a court will still have to determine whether special measures would improve the quality of evidence.

The Bill also proposes offender levies literally make the guilty party pay the victim for their offence; they are in use in England and Wales. The levy would generally increase according to how severe the offence was e.g. £5 for fixed penalties, £30 for immediate custodial sentences. Small deductions (£1 per week) could be made from prisoners’ earnings.

The Courts Service would collect the levy and deposit its proceeds, expected to be £500,000 per year, in a ‘victims of crime fund’. This would help to meet the needs of victims and witnesses, and fund support services.

Partnership

Crime reduction partnerships are proposed to integrate community safety partnerships and district policing partnerships.

This will be an early testing ground for community planning, while local government reform is delayed. The name itself is not particularly popular with most people preferring the word “safer” in the title. A majority of members should be elected representatives, according to the public consultation out earlier in the year.

John O’Dowd questioned “what this cosy, warm word partnership” means on the ground. “I sometimes get a sense that the PSNI in particular has mastered public relations so well that it can charm any audience, including DPPs and me,” he commented, adding that he felt “spindried” after meeting a senior police commander.

The number of partnerships was up for discussion. Jeffrey Donaldson claimed there was a “disconnect” between local government and the nine police districts, with commanders often unable to attend DPP meetings. He suggested one partnership per police district.

Tom Elliott questioned the purpose of DPPs, having chaired one, and suggested a return to police liaison committees attached to councils.

Efficiency

Not all offences need the full prosecution process, officials say, and prosecuting minor cases slows down the court system. “A day in court can have a sobering effect on people,” Maurice Morrow has commented. “If the system becomes very casual, it will not have the same impact on offenders.”

Three proposals are put forward, the first being an extension of fixed penalties. Police could issue these for ‘Friday night misbehaviour’ offences, including disorderly behaviour and criminal damage, petty shoplifting, and selling alcohol to under-18s. The normal penalty would be £40-£80, thought by some to be too low.

A prosecutorial fine is the second suggestion. At his or her discretion, a public prosecutor could offer a financial penalty, up to £200, as an alternative to prosecution. Financial compensation orders could be attached to these penalties, to make good on the damage caused.

Thirdly, conditional cautions could be used to penalise minor repeat offenders, again with conditions such as reparations. Offenders could still request a trial.

There are currently 21 magistrate’s court districts and seven county court districts, and Court Service officials see the current system as too rigid. They had considered aligning these with the new local council areas but this would be similarly rigid, so a single “territorial jurisdiction” for the whole province is therefore planned. This would allow business to move more flexibly between the lower courts e.g. listing a case at a more convenient venue for a victim or witness.

Public prosecutors could also be allowed to issue a summons without a lay magistrate’s signature, to save time, although some observers say this undermines the legal system’s checks and balances.

Legal aid

Around 80,000 people receive legal aid each year, with the bill costing £103 million last year. This outstrips the £65 million budget, which was raised to £85 million on devolution. Responsibility for legal aid is due to move from the Courts Service to the Department of Justice in April 2011.

Means-testing is suggested to contain criminal legal aid costs, down to a target of £79 million by 2013. There is already a means-test for civil legal aid. At present, legal aid is approved in 44 per cent of civil cases and 80 per cent of criminal cases where an application is made.

Wealthy offenders could also be required to pay back legal aid when convicted; this would apply also to people who recover financial assets through the courts. The graduated fees scheme (agendaNi issue 33, p.18-19) would also be introduced but the Bar Council has reservations, claiming that the scheme has eroded standards of advocacy in England and Wales. The Law Society concurs.

Other clauses may also require sex offenders to notify police of their location, without a court process, and allow solicitor advocates the same rights of audience as barristers in the higher courts. This is supported by the Law Society but opposed by the Bar Council. Magistrate’s courts would be allowed to deal with compassionate bail requests, with the crown court dealing with repeat bail applications; both proposals will free up time in the high court.

The Bill’s final content will be up to the Minister and published at its first stage in the Assembly.

Fifteen of the 25 police performance targets were missed by the PSNI in the last financial year. Meadhbh Monahan reports.

The Policing Board’s annual report, has indicated its concern at the failure of the PSNI to meet over half of its targets.

Targets are set out by the board in accordance with the annual policing plan, taking into account the Secretary of State’s policing objectives set during direct rule, district policing partnership priorities and national policing targets. The performances in 2009-2010 were compared with those in 2008-2009.

The number of more serious violent crimes increased by 18.3 per cent (up from 2,001 to 2,367) rather than being reduced as the target had stipulated. This category includes murder, manslaughter, causing death by dangerous driving and using firearms or explosives to endanger life. However there were fewer murders (18) in 2009-2010 than in any 12-month period since 1970.

There were 412 more offences against the person, 110 more burglaries, 364 more thefts and 83 more offences against the state. Criminal damage was down by 1,971 cases, and fraud and forgery was down by 237 cases.

The target to ensure that domestic burglaries were reduced by 9.2 per cent was not met; because they were only down by 81 or 1.1 per cent.

Officer sick days stood at 8.19 days and therefore were not reduced enough to meet the target of five days.

The target of 80 per cent of indictable reported cases being processed within administration time limits was not met as the figure stood at 67.4 per cent. The target of 70 per cent of summary reported cases being processed, was missed by 3 per cent.

Three children were killed on the roads compared to six the previous year but 107 children were seriously injured, compared to 96. Overall, this was a slight increase of eight children who were killed or seriously injured on the road.

Three targets were failed in relation to the public’s confidence in the police:

• Increasing the amount of people who say they feel safe to 93 per cent (result 88 per cent);
• Increasing the amount of people who are confident in the Police Service’s ability to provide day-to-day policing to 86 per cent (result 80 per cent);
• Increasing the amount of people who think that the police are doing a good job in their area to 62 per cent (result 56 per cent).

The results for these targets are gathered through the Northern Ireland Omnibus Survey, whereby a random sample of 2,200 addresses is drawn from the Land and Property Services Agency list.

The overall clearance rate increased by 2.8 per cent, just marginally missing the 3 per cent target, and the national minimum standard of 90 per cent of 999 calls answered in 10 seconds was missed. The PSNI did, however, meet the 30 second target.

Clearance rates for race-related and sectarian crimes increased by 3.7 per cent and 1.7 per cent respectively but there was a 2.8 per cent decrease in clearing homophobic crimes.

Other success came in the dealing with drug supply crime gangs with 70 “frustrated”, 25 “disrupted” and seven “dismantled” in the last financial year. In practice, frustrated means one or more significant arrest (of a major importer or local strategic dealer), or drugs seizure, or seizure of assets. Disrupted means one or more significant arrest, and drugs seizure, and seizure of assets. Dismantled refers to one or more significant seizure, and two or more significant arrests, and seizure of assets.

Cocaine accounted for the highest quantity of seizures and increased slightly from 24.2 kilograms to 27.5 kilograms. Arrests for drugs-related offences increased from 2,014 to 2,250 (up 11.7 per cent).

The PSNI records its crimes and detections in accordance with the Home Office counting rules and the National Crime Recording Standard. This approach is based on the victim’s perception of a crime taking place, rather than ensuring that the police obtain evidence of the crime occurring.

Chief Constable Matt Baggott commented: “Our approach to tackling these issues will remain a key policing priority.” He claimed that dissident republican activity has impacted on police performance, and said that, by working closely with An Garda Síochána and the Security Service, “we remain committed to tackling the dissident terrorist threat. Without this threat, we could concentrate our resources on reducing crime levels further.”

If 6 July 2005 was the best of times for London, then the following day briefly proved to be one of its worst. The citizens of the prospective Olympic city looked on as its emergency services rushed to four scenes of chaos that Tuesday morning.

Fifty-two innocent lives were claimed. The three underground attacks, at 8.50am, killed thirty-eight. Another thirteen deaths followed the explosion on a bus at Tavistock Square at 9.47am.

The shock of that day was compounded by the Olympic celebrations less than 24 hours beforehand, although few observers were surprised. London has long been a target.

Four further attempted attacks, on 21 July, were thankfully unsuccessful with the culprits soon caught. In the midst of that search, Jean Charles de Menezes became another casualty of the crisis.

A memorial, one steel pillar standing for each victim, was unveiled on the fourth anniversary near Hyde Park Corner. Each is marked with the date, time and location of an attack.

London likes speed and a certain sense of order too. Slowing down is acceptable as long as the crowd is slightly moving. Stopping is not. Its traditional attitude, termed the Blitz spirit in emergencies, is business as usual.

Life, of course, is not normal for the families and friends of the dead, and seriously injured. Some of them would have preferred an official ceremony to mark this milestone but this was declined as other relatives wanted to remember that day quietly instead.

Commuters talked to each other in the Tube the day after the bombings, an uncommon event in itself but a simple reaction for people seeking some reassurance or an answer.

The attacks were ultimately the responsibility of the perpetrators. There is a futility in the fact that they took their lives and many others in a society that offered them every chance to succeed in life.

Already high before 9/11, the international terrorist threat to the UK increased after its participation in the Iraq war. Five years on, that threat remains severe. Just as certain is London’s resilience, best seen in its normal day-to-day routine. For the stream of travellers weaving through ticket readers, down escalators, on and off trains and out into its streets, 7 July 2010 started as just another morning in a city that won’t stop or be stopped.

A heartfelt apology from the British Prime Minister heralded the long awaited arrival of the Saville Report into the events of 30 January 1972: Bloody Sunday.

“I never want to call into question the behaviour of our soldiers and our army who I believe are the finest in the world,” David Cameron said. “But the conclusions of this report are absolutely clear … What happened on Bloody Sunday was both unjustified and unjustifiable.”

The report, which concluded that those who were killed and injured in Derry were innocent, and that the soldiers fired the first shots and put forward false accounts of their actions, was largely accepted across Northern Ireland.

However, a number of unionists criticised it for costing almost £200 million and taking 12 years to complete in light of no similar inquiries being carried out into other atrocities.

Objectivity

Tony Blair announced the Saville inquiry in 1998. Lord Widgery claimed that shots had been fired at the soldiers before they started firing.

The Widgery report had been released 11 weeks after Bloody Sunday and was criticised as being a “white-wash”. Following Cameron’s apology, a copy of that report was torn in two on the steps of the Guildhall in Derry by the families of the 14 men who were killed.

During the Saville inquiry, 2,500 people were interviewed or gave statements. Oral evidence was given by 505 civilians, 245 military witnesses, 49 media representatives (including photographers), 39 politicians and civil servants (including intelligence officers), 35 paramilitaries or former paramilitaries, 33 RUC officers, nine experts and forensic scientists, and seven priests. It ran to 5,000 pages and cost £190.3 million to the end of February 2010. It is estimated that legal fees will account for a further £10 million.

First Minister Peter Robinson accepted the report’s findings that what happened was wrong and unjustified. “After the length of time, the detail that is provided in that report, I think you cannot pick and choose the elements of that report that you accept and those that you do not,” he said.

Martin McGuinness told the BBC’s Spotlight programme: “To see a British law lord and a Tory Prime Minister point a finger at the British army is a momentous day for the families and people of Derry.”

Leadership

Denis Bradley, the former priest who administered last rights on the day, wrote in the Irish News: “I have never been a supporter [of David Cameron] but, if he was in the room, I would want to shake his hand and compliment him for the leadership he is taking. Saville probably left him with no choice but when a politician speaks words that are healing and reconciling, that needs to be acknowledged.”

Dr Edward Daly, the retired Bishop of Derry who appeared in an iconic photo from that day waving a bloodied handkerchief while helping to carry a body, said: “I feel an enormous relief that this burden has been lifted off my shoulders and off the shoulders of the people of Derry. It’s wonderful when the truth emerges, when people whose characters have been sullied are vindicated.”

The day after the report was released, three senior Protestant church leaders met with members of the families: Bishop of Derry and Raphoe Ken Good, Presbyterian Moderator Rev Norman Hamilton, and Methodist President Rev Paul Kingston.

Following their meeting they stated: “A cloud that has been hanging over this city for almost four decades has begun to lift. Our hope is that the Saville report will bring comfort and relief to the families who lost loved ones as a result of that fateful day. We believe that the report presents a challenge and an opportunity for new and closer relationships within our wider community. We wish to contribute to and to feel part of a self-confident, welcoming city that is at peace with itself.”

MPs immediately reacted to Cameron’s statement in the Commons.

Mark Durkan asked if the Widgery report could be discredited in light of Saville’s findings. He added: “If today, as I sincerely hope it does, offers a healing of history in Derry and Ireland, may we pray that it also speaks hope to those in other parts of the world who are burdened by injustice, conflict and the transgressions of unaccountable power.”

Cameron responded: “the Widgery report is now fully superseded by the Saville report; this is the report with the facts, the details and the full explanation of what happened, and it should be accepted as such.”

East Londonderry MP Gregory Campbell told the Commons: “There have been 10,000 other bloody days in Northern Ireland’s recent history. They have had no costly inquiries and no media interest.”

He asked Cameron if he agreed that “the sorry saga of the report is finally over and done with, and that we should look forward, rather than looking back?”

Cameron responded: “Let us not pretend that there is not something about that day that needed to be answered clearly in a way that can allow those families to lay to rest what happened.”

Martin McGuinness, who the report says, “was possibly” carrying a gun on Bloody Sunday told the Spotlight programme:

“I didn’t have a gun. There are photos of me on the march without a gun. These allegations came from a highly suspect source to the tribunal. It is absolutely untrue.”

The UUP’s Reg Empey pointed out that 1972 was the “bloodiest” year of the Troubles with 496 people killed. He criticised how Saville addresses “one set” of victims, while ignoring others and added: “any attempt by republicans to use Bloody Sunday to retrospectively justify three decades of terrorism is a perversion of history.”

The inquiry had left many people asking whether “38 years after the events of that confusing day in January 1972, the public interest is served in prosecuting soldiers but not the godfathers of terrorism?” Empey concluded that there should be “no more Savilles”.

Alliance’s Stephen Farry claimed: “It was right that Bloody Sunday was properly investigated and the rogue conclusions of Widgery consigned to the dustbin of history.”

He believes that Saville “closes one chapter” but also raises questions about prosecutions. Any prosecutions will be considered independently by the Public Prosecution Service. Farry also called for the Government to clarify how the past could be dealt with in a way that builds a shared future.

Brian Cowen praised the “brave and honest words of David Cameron which will echo around the world” and John Hume stated: “The people of Derry have always known that everyone shot on Bloody Sunday was entirely innocent. With the publication of the Saville Report, the British state has acknowledged their innocence and that its army murdered on that day.”

Police
An Garda Síochána

Founded by Michael Collins as an unarmed force in 1922, following the disbandment of the Royal Irish Constabulary, the Garda became a national force when the Dublin Metropolitan Police merged with it in 1925. It is responsible for the Republic’s national security as well as the traditional crime investigation, public order and road safety duties. The Commissioner handles the day-to- day management of the force, while the Justice Minister is accountable to the Government and Oireachtas for its overall performance. Complaints can be submitted to the Garda Síochána Ombudsman Commission.

Garda Commissioner: Fachtna Murphy

Gardaí: 14,500

Website: www.garda.ie

Ombudsman Commissioners: Dermot Gallagher, Carmel Foley, Conor Brady

Website: www.gardaombudsman.ie

Office of the Director of Public Prosecutions
Oifig an Stiúrthóra Ionchúiseamh Poiblí

Most crimes and offences are prosecuted in the name of the people of Ireland. The office was established by the Prosecution of Offences Act 1974 and makes decisions independently of all other organizations, including the Government and Garda. Minor prosecutions are carried out by gardaí. The Directing Division decides whether or not to take a prosecution. Approved cases and then prepared or conducted by the Solicitors Division, for Dublin hearings, and ‘local state solicitors’ outside the city.

Director: James Hamilton

Chief Prosecution Solicitor: Eileen Creedon

Legal staff: 104

Website: www.dppireland.ie

Department of Justice and Law Reform
An Roinn Dlí agus Cirt agus Athchóiri the Dlí

The Republic’s justice department and its agencies cover the criminal justice system, tribunals and immigration. In June 2010, equality policy was transferred from its remit to the Department of Community, Equality and Gaeltacht Affairs; this includes the integration of immigrants. Current minister Dermot Ahern is a TD for the border constituency of Louth and previously served as Foreign Affairs Minister (2004-2008).

Minister: Dermot Ahern TD (Fianna Fáil)

Minister of State: Barry Andrews TD (Fianna Fáil)

Secretary-General: Seán Aylward

Courts Service An tSeirbhís Chúirteanna

Originating in English common law, modern Irish law operates within the framework of the Constitution of Ireland (Bunreacht na hÉireann). Dáil courts were set up during the War of Independence and the Courts of Justice Act 1924 established the current system.

District courts hear minor criminal cases. Circuit courts cover specific regions and hold jury trials. Murder, rape and other serious crime cases are heard by the Central Criminal Court. Terrorism falls within the Special Criminal Court’s remit. The Court of Criminal Appeal hears appeals from the circuit, central and special courts. The Supreme Court is the court of final appeal whose decision, the constitution states, “shall in all cases be final and conclusive.”

Chief Justice: Mr Justice John L Murray

Judges: 148

Chief Executive: Brendan Ryan

Website: www.courts.ie

Probation Service
An tSeirbhís Phromhaidh

Brehon law, before the Norman invasion, emphasised the local management of offenders in families or communities and common law allowed for offenders to be ‘bound over’ to keep the peace. Modern probation officers emerged in the 19th century and were formally recognised by the Probation of Offenders Act 1907. The current service was established in 1962.

Director: Michael Donnellan

Probation officers: 282

Irish Prison Service
An SeirbhÍs Phríosúin na hÉireann

The Republic has 14 prisons i.e. 11 of the traditional form, two open prisons and a training unit to help prisoners return to work. Regular inspections are carried out by the Inspector of Prisons (An Chigire Príosún). The island’s first regular prison service was the Convict Prisons Board, founded in 1854; it was succeeded by General Prisons Board (1877-1928), direct control by the Department of Justice (1928-1999) and the present-day service (from 1999). Mountjoy is the state’s largest prison (590 places) while Portlaoise (399 places) houses paramilitary convicts.

Director-General: Brian Purcell

Prison officers: 3,177

Prisoners: 4,274

Website: www.irishprisons.ie

Inspector: Judge Michael Reilly

Website: www.inspectorofprisons.gov.ie

Attorney-General
An Ard-Aighne

The Attorney-General is constitutionally “the adviser of the Government in matters of law and legal opinion”. He is assisted by five groups of ‘advisory counsel’, of which Group A specialises in criminal law. In addition, ‘parliamentary counsel’ draft legislation on behalf of ministers and ‘state solicitors’ represent the state in civil cases. His office also publishes an electronic Irish Statute Book: www.irishstatutebook.ie

Attorney General: Paul Gallagher SC

Website: www.attorneygeneral.ie

Two years into ISNI2, Northern Ireland’s residents are seeing the first fruits of its most extensive infrastructure programme, whether on the drive along the Westlink, waiting for treatment in the Downe Hospital or being taught in the redeveloped Grosvenor Grammar School, in east Belfast.

While most projects in the three key areas we have selected have been completed or are on target, delays have also crept up e.g. at the Gransha mental health centre outside Derry or the Ballee Road East dual carriageway outside Ballymena.

Fiscally, the Executive’s spending plans for 2010-2011 do see a drop in health and social care from £218.2 million to £201.7 million (down £16.5 million), while education decreases substantially from £201.1 million to £169.3 million (£31.8 million).

Only regional development sees a major boost, up £96.3 million from £459.9 million to £556.2 million, reflecting this strategy’s focus on economic development. Cuts from the Treasury will inevitably hit local budgets so the high expectations set out in 2008 may not be met by 2018.

Health

An 18 per cent reduction in the DHSSPS’ capital budget, from £728.5 million to £604 million, occurred after publication of the Investment Strategy. As a result, the department made “significant changes” to its ISNI targets.

It continues to strive towards the key milestones contained in the report. As Table 2 shows, all but one of these are on target. Procurement of the construction contract for the mental health crisis unit at Gransha hospital is to begin shortly with the new facility expected to be completed by 2012-2013. This is behind the ISNI target of 2010.

In relation to the enhanced hospital at Omagh, which is due to open in three years, “a number of issues” are currently being resolved by the department and the Western Trust on the updated business plan.

A DHSSPS spokeswoman said: “Only on approval of the business case and confirmation of the availability of funding to build and operate the new facility will an announcement on the way forward be made. The Minister has continually reaffirmed his commitment to this scheme.”

The double story car park at the new South West Hospital in Enniskillen is complete and work is taking place on construction of the superstructure of the main hospital building. In addition, the critical care complex at the Ulster Hospital is nearly complete.

The £14 million Beech Hall Health and Well-being Centre on the Andersonstown Road is currently under construction and is due to be completed in June this year. Similarly the £10 million Shankill Wellbeing and Treatment Centre is currently under construction and is due to finish in May 2011.

To date, seven new health and care centre facilities, out of 35, have been completed across the province. These are the Bradbury Centre, Holywood Arches Centre, Grove Well-being Centre, Carlisle Well-being Centre, Knockbreda Community Care and Treatment Centre, Kilkeel Primary Care Centre and Portadown Health and Care Centre.

Business cases are under way for four more health and care centres at Ballymena, Banbridge, Dunmurry and Lisnaskea.

In terms of IT investment, the department plans to spend £31 million on the Northern Ireland Picture Archiving and Communications System (NIPACS). It would enable diagnostic radiology images such as x-rays and scans to be stored and viewed electronically at any hospital site across the province.

Mental health services are another important area. “Investment in mental health is essential in ensuring the modernisation of Northern Ireland’s mental health services,” claimed the spokeswoman.

Examples of recent mental health care facilities are the £12 million Bluestone mental health crisis unit at Craigavon (opened in May 2008), the £9 million Beechcroft regional adolescent psychiatric unit at Forster Green (opened April 2010), the £7 million child and family psychiatric unit at Forster Green (due to open in May 2010), and the £4 million social education centre at Newry (planning to complete in 2010).

The economic downturn could affect the outcome of certain projects, as the spokeswoman explained: “Given the current financial climate and uncertainty surrounding the outcome of the next Comprehensive Spending Review, the department must look at all projects and be certain of the availability of funding.”

Education

A total of £3,510 million was allocated for schools and youth services over the whole period, breaking down into £718.0 million for 2008-2011 and £2,792 million for 2011-2018.

The Investment Strategy stated that eight special education needs schools would undergo major works within the 2008- 2018 bracket. Moira’s Brookefield Special School was completed in December 2008 and came in at a cost of £5.2 million; its original estimate was £2.9 million.

Seven other projects are at various stages of the planning process but department confirmed to agendaNi that each will have to be “considered against that department’s policy framework in light of the budget available”. In short, it is not known when the projects will be built or at what cost.

Those projects are:

• Arvalee Special School, Omagh;
• Belmont Special School, Derry;
• Greenwood Assessment Centre, Belfast;
• Knockevin Special School, Downpatrick;
• Mitchell House Special School, Belfast;
• Rossmar Special School, Limavady;
• Torbank Special School, Dundonald.

Projects which are currently on-site will be completed during the financial year. That includes seven PPP projects at the Belfast Boys’ Model, Grosvenor Grammar School, St Cecilia’s College, Derry, and St Mary’s College, Derry. St Joseph’s Primary School, Carryduff, and St Mary’s Primary School, Portglenone, will also benefit as well as Ballysillan Youth Club.

The public-private partnership (PPP) contracts for Grosvenor, Boys Model, Ballysillan Youth Club, St Cecilia’s College and St Mary’s College were signed before 1 April 2009 and will require £101 million of departmental funding. As a result of a change in PPP treatment after that date, both primary schools will not. There will, however, be a recurrent cost incurred by the department over the life of the contract.

Justice

Devolved to Northern Ireland after the Investment Strategy was published, justice capital projects are the responsibility of each agency, and are not handled centrally by the Department of Justice.

The Prison Service has two projects planned.

Magilligan prison will be redeveloped at a projected cost of £200 million and is anticipated to be completed between 2015 and 2020, depending on the procurement route.

Maghaberry will expand at a cost of £21 million to accommodate more prisoners. That project is planned to be completed by the spring of 2012.

The newly established Ireland Courts and Tribunals Service told agendaNi that it currently has no capital projects due to start or to be completed by 2018, in line with the Investment Strategy’s end date.

For the PSNI, the new public services training college in Cookstown is still in its planning stages but the Musgrave Street Police Station is underway while a new build station in Ballymoney is expected to begin later this year.

Transport

DRD figures show that £566.9 million has been spent in transport to date – i.e. 69.8 per cent of the 2008-2011 allocation. This breaks down into £366 million spent on roads by 31 March 2010 and £98.4 million on public transport, which does not include expenditure for this financial year, and the full £5.6 million sum for gateways i.e. ports.

agendaNi asked for progress on infrastructure projects which were to be completed by now and those planned for completion in the near future. Of the 10 to be completed by the close of 2009-2010, seven are now complete:

• A20 Frederick Street Link, Newtownards (November 2008);
• A4 Henry Street/Sligo Road extra lane, Enniskillen (December 2008);
• M1/Westlink upgrade, Belfast (March 2009);
• M2 widening (June 2009);
• A20 Newtownards Southern Distributor (July 2009);
• A4 and A5 improvements, Annaghilla and Tullyvar, near Ballygawley (February 2010);
• Four A1 junction improvements – Hillsborough, Dromore, Banbridge and Loughbrickland (all done by December 2009).

Two are still under construction:

• A29 Carland Bridge improvement – 1.3km realignment of single carriageway, bypassing the rural settlement of Carland between Dungannon and Cookstown;
• A26 and M2 Ballee Road East project – 1.5km of dual carriageway and two slip roads from the Seven Towers roundabout to Larne Road roundabout, Ballymena.

Advance ground consolidation works have taken place at the A32 Cherrymount Link in Enniskillen, to be followed by main works in 2011-2012. This involves 1.1km of single carriageway linking the Cherrymount roundabout to a new roundabout on the Temple Road.

Construction is continuing on the A1 Beech Hill to Cloghogue and A4 Dungannon to Ballygawley links, to be finished in 2010, and the A2 Broadbridge dualling, outside Derry, due in 2010-2011.

Two further projects were scheduled in the ISNI2 but are still at the development stage:

• A6-M22 dualling – 14km upgrade to dual carriageway from the end of the M22 outside Randalstown to Castledawson roundabout;
• A2 widening at Greenisland – 2.4km upgrade to four lanes from Jordanstown to Ravenhill.

Public inquiries have been held in both cases; the departmental statement has been published for A6-M22 and a notice of intention to proceed for the A2 widening.

Legislation for Belfast’s rapid transit is to be brought to the Assembly in June 2010 and the DRD hopes to appoint consultants later this year, to help prepare the outline business case. Its Rapid Transit Division is currently preparing layout drawings for the various route alignment options, to be published in early 2011.

Improvements to public transport are on track including the procurement of the Phase 2 buses for Belfast’s Metro service (25 delivered in May 2008) and the Ballymena-to-Coleraine track life extension (completed in February 2010, ahead of the August 2010 deadline).

The contract award for a new train cleaning facility is being considered; it is due to be delivered by February 2011; the letter of offer was issued last August. A similar letter was issued in April for the platform extension programme, to be finished by June 2012.

£5.6 million was allocated for ‘gateways’ i.e. seaports and airports, in 2008-2009 but none beyond that financial year. Of this, £3.6 million went to two projects in Warrenpoint Harbour – a deep water quay and breakwater, and providing 7.5 metres of water depth for larger vessels. This was finished last June, just past the March 2009 deadline.

The remaining £2 million funded runway safety works at the City of Derry Airport. Most of these works were completed in March 2009 and the project will be finished up “within the next few months”; some navigational aids still need to be installed. Derry City Council also completed £9 million in additional safety works towards the end of 2009.

If plans proceed on schedule, the most visible and innovative part of the strategy in 2018 will be Belfast’s rapid transit system, although drivers west of the Bann look set to be its main beneficiaries. Roads will be widened or dualled in all four directions leading out from Derry. The A5 upgrade will cut journey times from the Maiden City to Dublin, while west-bound M1 motorists will continue on the A4 dual carriageway up to Ballygawley.

Travellers to the North Coast are to benefit from dual carriageways between Ballymoney and Coleraine, and along the Frosses Road outside Ballymena. A similar dualling on the A8 will mostly serve ferry passengers and lorry drivers to and from Larne. Bypasses and link roads projects are planned in Enniskillen, Armagh, Ballymena and Ballynahinch.

Sprucefield, meanwhile, will see a 4km bypass around the Sprucefield Park shopping centre, from the M1 to the A1 at Hillsborough.

Unlike our closest neighbours across the Irish Sea, the post is set aside for an individual who is not a member of the government. In Scotland, for example, the equivalent Lord Advocate is indeed a member of the Scottish Government and Dominic Grieve has recently taken up his post in the Liberal-Conservative alliance.

Larkin’s role is more similar to that which Paul Gallagher holds in the Republic. Although he is not a member of Brian Cowen’s cabinet, he does attend meetings in an advisory role.

Interestingly the new Attorney General will not take up the entire brief held by his Westminster-based predecessor. The Director of Public Prosecutions will take the lead in all matters relating to initiating, conducting or ending prosecutions. Larkin, though, will have a strictly consultative role to play.

The UK Attorney General, now referred to in local legal parlance as the Advocate General, will still advise the national government on Northern Ireland law and will also have a minimal role in relation to prosecutions on reserved matters.

Directly accountable to the Assembly, the new role will have speaking rights in the chamber in order to be able to take questions from members. He may also be allowed to speak in debates should the Assembly make standing orders to do so, but it can never confer voting rights.

The Attorney General could, though, decline to answer questions if he deems the answer to prejudice criminal proceedings.

The position’s origins can be found, in recent years at least, in the Criminal Justice Review. Published by the NIO in March 2000, it said: “We recommend that consideration be given to establishing a locally sponsored post of Attorney General, who … would have oversight of the prosecution service.” It added that the figure should be apolitical and would be appointed for a fixed term. The position, it continued, should be seen as “equivalent to that of a High Court judge” in status.

The west Belfast lawyer has been appointed for a four-year term and can only be removed from the post by the First Ministers, having been advised to do so by a tribunal made up of judges from England, Wales or Scotland, and appointed by the Lord Chancellor.

He is also a legislative watchdog; an Assembly Bill can be referred to the UK Supreme Court by the Attorney General if he believes it to be outside the Assembly’s remit or contravenes human rights laws.

It had been anticipated that Larkin would take up the role soon after the justice responsibilities transferred. agendaNi understands that Northern Ireland was therefore technically without a legal advisor between 12 April and 24 May.

Grieve spoke to agendaNi as Shadow Justice Secretary on the election campaign trail. Ken Clarke was appointed to the post in Cameron’s new cabinet with Grieve becoming Attorney- General, the Government’s chief legal advisor. MP for Beaconsfield and a barrister by background, he shadowed Labour’s Attorneys-General from 2003 to last September and also held the Home Office brief from June 2008 to January 2009.

With the devolution of policing and justice, he was keen to keep up links between the judiciary in Northern Ireland and England and Wales. Policy ideas could also be shared, including answering the looming question of how to fund legal aid – now costing £90 million locally and £2.1 billion in the other jurisdiction. David Ford has insisted he will press ahead with plans to cut legal aid fees.

The Justice Secretary brief covers the UK’s constitutional affairs, taking in the overall state of devolution, freedom of information and the whole area of human rights. Pressed on whether more powers should come to Stormont, after the justice transfer, Grieve said the Tories had no plans for a “sudden change” but would be prepared to listen to those calls.

“I think that’s an issue really firstly for the Northern Ireland Assembly and Executive to sort out over time,” he commented.

“We are committed as a party to making devolution in Northern Ireland work, just indeed as we’re committed to making devolution in Scotland or Wales work. We’re a constitutional party and we also recognise that devolution isn’t necessarily written in tablets of stone. It can be adjusted according to the passage of time and what is wanted over here.”

His personal interest in the province started in the 1980s when he twice came to stay with Daily Telegraph journalist Tom Utley, who had a summer house in Strangford. Utley was keen to explain Northern Ireland’s problems to his readers and emphasised the importance of helping to solve them.

“That whetted my appetitive” and the interest continued after his election to the Commons in 1997. Grieve was appointed as a constitutional affairs spokesman in 1999 and started to visit the province to learn about the peace process.

Rights

While Labour brought in the Human Rights Act in 1998, the Conservatives have blamed it for a “culture of grievance” where more litigation benefits lawyers. Its supporters, including many Liberal Democrats, say it protects the public from abuses of government power.

The Tories have instead suggested a UK bill of rights, which although sounding similar would be an improvement, in their view. This would be compatible with the 1950 European Convention on Human Rights but have the flexibility to protect specific British traditions.

Trial by jury, for example, evolved in England and the bill could also balance the media’s freedom of expression with privacy. He foresaw Parliament defining rights better and giving a steer for the judiciary.

On a higher level, it could also incorporate some “basic constitutional building blocks” such as the 1689 English Bill of Rights, which created a constitutional monarchy, and holding parliamentary elections every five years. The latter point has already been agreed by the coalition partners.

“Without creating a written constitution,” he stated, “you could be creating a document which seems to actually set out a framework of what national values are in terms of the legal framework we operate under.”

Grieve suggested that Northern Ireland could have its own section within the UK bill of rights, to reflect what the Belfast Agreement wanted. The Agreement raised the possibility of a specific Northern Ireland bill of rights, because of its own troubled history, but progress has stalled. Nationalists are in favour and unionists generally opposed.

Broken system?

Tories often claim that the criminal justice system in England and Wales was “broken” under Labour. Grieve recognises that Northern Ireland justice has been historically been different, given the “fight against terrorism” but this also meant that other problems went down the priority list.

He is “constantly reminded” that disorder, drug problems and anti-social behaviour have been “a very real feature for many communities in Northern Ireland which have sometimes, as a result of the terrorism problem, gone unaddressed.” Those will now be tackled at a devolved level.

Back across the water, he said the “broken” description comes from a “lack of confidence in the way the system operates”. This was demonstrated, he claimed, by the police and local people having differing priorities, police not being available when they were needed, slow courts and prosecutions, and a very high re-offending rate for released prisoners.

The Tories’ alternative was a focus on crime reduction, cutting police paperwork and “reconnecting” police and the communities they served. Directly-elected police commissioners were proposed.

Grieve was especially keen to highlight a “rehabilitation revolution” where everyone who goes to prison would start a personalised training and education programme. This would continue after release and be provided by the private and voluntary sector, paid according to their success.

Turning to civil justice, he claimed that the legal aid system was “on its last legs” due to inadequate funding and added a warning for local law-makers.

“You are about 10 years behind in Northern Ireland in that context but you are about to confront exactly the same problems, although hopefully you will be able to avoid making the same mistakes that were made in England and Wales 10 years ago.”

Cuts

Cutting spending is high on the Tories’ priority list but they have earmarked health and overseas aid as two areas to protect. It was put to him that given justice’s importance, its budget (currently £10.1 billion) should also not be cut.

Responding, he said he had no doubt that savings could be made and wanted to look carefully at where to do that, if appointed to the role. Fundamental reforms were also needed, such as making the courts more cost-effective and keeping down the cost of custody while keeping up the number of prison places.

“These are challenging areas but I have to recognise that I have to be as pro-active as my other colleagues in trying to ensure that we keep to our budgets,” he said in conclusion. “And I don’t have any complaint or reason to be concerned if I haven’t been exempted specifically and put in a ring-fenced area because I am confident that my colleagues recognise the importance of the work the justice department does.”

Despite justice being the most recently devolved area to the Northern Ireland Assembly, Parliament will retain power over politically and legally sensitive areas such as national security and the work of the UK Border Agency.

DUP

Improving the risk management of sex offenders, tackling domestic abuse, knife crime, and alcohol and drug related crime, would be priorities. The 403 officers currently involved in criminal justice units need to be moved onto the streets.

A greater number of neighbourhood officers would be introduced, with fixed penalty notices and police cautions used to deal with fines rather than burdening the courts system.

A reduction in the “crippling” legal aid bill is another DUP priority and they would call for a re-assessment of the high number of prisoners who are on remand.

Sinn Féin

Giving themselves credit for “taking policing and justice away from Westminster and putting it into the hands of locally elected representatives”, the party seek unarmed civic policing in the community. They say they will “continue to set the agenda” on policing. Transparency in the criminal justice system is demanded and Sinn Feín would eradicate the use of plastic bullets, which they claim are “lethal weapons.”

“Politically driven” organisations such as MI5 and the Serious Organised Crime

Agency “must go”. They also focus on ‘truth recovery’, demanding a full independent public inquiry into the murder of Pat Finucane.

SDLP

The SDLP would seek to create a sentencing guidelines council, review knife crime penalties, establish a charter of rights for victims of crime, and place the Prisoner Ombudsman on a statutory footing.

Reforms are called for in the Prison Service and the PPS, and in the provision of legal aid. The party recognises the “opportunities provided by devolution of justice” but calls for primacy of national security to be with the PSNI rather than MI5. It states that the recent report on the Omagh bomb from the Northern Ireland Affairs Committee “confirms the glaring gaps in the accountability of the security service.”

UCUNF

Protecting Northern Ireland from the threat posed by dissident republican terrorism is a priority. Stop and search powers for police would be strengthened so that knife crime can be tackled.

Binge drinking would be targeted by taxing super-strength beers, ciders and alco-pops, “but not the everyday pint.”

Alliance

Holding the local justice job, Alliance would also seek to reform the legal aid system, concentrate on victims and witnesses, support more officers on the

streets, create a Northern Ireland sentencing guidelines council and remove the peace lines in Belfast.

Immigration is an important issue for the party which supports a points-based system linked to skills “as the least worst of all the alternatives.”

They claim there is a need for a stronger safety net for immigrants when they lose employment and they want to “take the politics out of asylum” by taking responsibility away from the Home Office and giving it to an independent agency.

Others

“Firm and fair” immigration rules are promised by Labour, who would give the Border Agency the same level of powers as police in addition to “thousands more” immigration officers. A new Australian- style points-based system would ensure no unskilled migration from outside the EU, and visa applicants must take the English test before entry to the UK.

The Lib Dems would introduce a points- based system which ensures that migrants can only work in a region where their skills are needed.

The TUV claim that under Sinn Féin, there will be “Patten-style” reform of the Prison Service, which they will resist. On immigration they advocate rigorous application of border controls and a moratorium on all third world immigration until there is less pressure on public services and overcrowding.

As justice powers go back to Stormont, Peter Cheney looks at what lies ahead for local law and order.

A reminder of Northern Ireland’s darkest days heralded the arrival of justice powers in the province in the early minutes of 12 April.

Arguably, the dissidents were first to respond to the devolution of justice and their bombing at Palace Barracks, 24 minutes after the move, undoubtedly influenced the Stormont debate taking place later that day.

Cross-community support was the hurdle on which two nominees for the justice post fell. Neither Danny Kennedy nor Alban Maginness received majorities from both communities. That, of course, would only be possible with DUP and Sinn Féin support and the two main parties duly went through the lobbies with Alliance for David Ford.

Ford acknowledged he was “not the unanimous choice of this assembly” but called on every MLA to provide leadership, especially after that morning’s incident: “We have a duty to show we can provide partnership, leadership and delivery and ensure that all our people see the benefits of devolution.”

The SDLP continued to complain that it had been left out due to a DUP-Sinn Féin veto and insisted the d’Hondt mechanism should be used to give the post to a nationalist. Both main parties took up the key posts on the new Justice Committee.

However, Nelson McCausland took the SDLP’s accusation of “tearing up the Belfast Agreement and abandoning the d’Hondt process … as a compliment not an insult.” He also saw “no consistency” in the UUP approach as they firstly

backed an SDLP nominee, then their own Danny Kennedy.

Reg Empey explained during the debate that the UUP would normally have the next choice after the DUP and Sinn Féin, which had declined to nominate. Kennedy’s merits were his former Policing Board membership and representing the often troubled Newry and Armagh constituency.

On paper, all the candidates were winners by receiving more ayes than noes. Parallel consent was required for success i.e. over 50 per cent of voting unionists and over 50 per cent of voting nationalists combined. All unionists present backed Kennedy (51 ayes, 35 noes).

Margaret Ritchie then proposed Alban Maginness as the post was “the democratic entitlement of a nationalist party”. Furthermore, Maginness was a barrister and had stood against violence “from whatever quarter”. He drew support from nationalists and Dawn Purvis, while the DUP and Alliance were opposed (43 ayes, 42 noes). Ulster Unionists abstained.

Naomi Long, meanwhile, pointed to David Ford’s personal calibre and sense of fairness. DUP, Sinn Féin, Alliance and PUP members went through the aye lobbies while the SDLP and UUP objected. Across the House, 67.6 per cent were ayes, including 66.7 per cent of unionists, 61.9 per cent of nationalists and all others (69 ayes, 33 noes).

From the outside, the TUV was dismissive as expected, seeing “nothing for unionists to celebrate and much to lament” as Sinn Féin could now influence law and order.

Shaun Woodward commented that the “democratic transition” stood in stark contrast to the activity of “a criminal few” i.e. the dissidents. He claimed they had “no support anywhere” although it is clear that they do have a small political following through Republican Sinn Féin and the 32 County Sovereignty Movement.

In the committee reshuffle which followed, using the d’Hondt system, the main changes were Cathal Boylan replacing Dolores Kelly in the environmental chair. Six lower profile deputy chairs changed hands.

Another Alliance promotion seemed possible when Kieran McCarthy mistakenly named Naomi Long as chair of the OFMDFM Committee. “There is no harm in trying,” he commented. Long remains deputy to Chairman Danny Kennedy.

Alliance has only briefly been in government before but in a similar role. Oliver Napier was Legal Minister (i.e. for civil law) in the short-lived 1974 Executive.

In practice

Ford has said that justice devolution forms part of joined-up government and plans to work from the policy proposals in the Hillsborough Agreement. Areas for co- operation include sports offences (with DCAL), health in prisons, alcohol (both with DHSSPS) and licensing (with DSD).

The final version will be added to the Programme for Government. Ford’s special advisor is Richard Good, who previously advised William Hay as Speaker.

The party sees devolution not just an event but a process whereby “tangible benefits” are demonstrated. Its own plan, entitled ‘Safer Communities and Justice for All’, has the following themes:

• Avoidable delay and effective justice;

• Preventing offending and managing offenders;

• Supporting a cohesive, shared and integrated community, and community planning;

• Policing;

• Supporting victims and dealing with the past; and

• Civil law.

On the first point, Alliance proposes re- drawing the boundaries of court districts and the various agencies working to agreed and shared targets. Binding targets for case progression, as in Scotland, are suggested as is “comprehensive” legal aid reform.

A unified Northern Ireland Courts and Tribunals Service, as proposed, has been established and the party wants to see a victims’ code of practice and a Northern Ireland sentencing guidelines council.

Minor offences must be punished more effectively, outside custody, and a review of how young offenders are treated would also take place. An offender management strategy, following England and Wales’ example, would also be drawn up and a specific women’s prison examined. Reviews of prison policy and the Prisoner Ombudsman’s powers are also foreseen.

Sharing is naturally a high priority. The criminal justice system must comply with the section 75 equality law and also consider how to promote a shared future e.g. defending shared spaces for people to meet.

An active strategy to remove peace walls is proposed. District policing and community safety partnerships could be merged due to their similar remits.

Policy on policing and the Troubles’ legacy is brief; a strategic vision would be agreed with the Policing Board and PSNI. Long-term funding for the Historical Enquiries Team is a priority.

Separately, a comprehensive Criminal Justice Miscellaneous Provisions Act is proposed before the next Assembly election to clear up many of the areas mentioned above and also spectator control at sports matches and, if required, updates to the law on police and criminal evidence.

Analysts of justice could compare local results from now with Scotland, which has 10 years’ experience, or Wales, where it is not devolved. The latter example is a reminder that it is not essential to transfer justice into local hands although as agendaNi outlined last month (issue 36, pages 12-13), that is been historically the case here.

The voters’ verdict on justice devolution, meanwhile, will come at the next Assembly poll so Ford has just a year to make some impact on one of the more complex and potentially divisive government responsibilities.

Justice Committee

· Chair: Lord Morrow (DUP)

· Deputy Chair: Raymond McCartney (SF)

· Jonathan Bell (DUP)

· Jeffrey Donaldson (DUP)

· Tom Elliott (UUP)

· Dolores Kelly (SDLP)

· David McNarry (UUP)

· Alban Maginness (SDLP)

· Carál Ní Chuilín (SF)

· John O’Dowd (SF)

· Alastair Ross (DUP)