Law Society of Northern Ireland Council Members - Joe McVeigh and Eoghan McKenna – recently presented key concerns and recommendations to the Northern Ireland Assembly’s Committee for Justice regarding the Justice Bill. Remarks focused on four main areas contained within the Bill: biometrics, provisions relating to children, live links and taxation of legal aid costs.
On Biometrics, concerns were raised about the Bill’s narrow definition, which currently includes only fingerprints and DNA, and the need for future-proofing the Bill in this area given the rapid evolution of technology. The move away from indefinite retention of data was welcomed, with the need to balance individual rights under Article 8 of the European Convention on Human Rights and the legitimate aims of the State, being emphasised.
The Bill’s provisions on bail and custody arrangements for children were supported. However, concerns were expressed about the overuse of juvenile remand due to a lack of accommodation. The need for greater investment in emergency accommodation, bail support and access to legal advice was highlighted.
The expansion of live links for police interviews and extensions of detention was welcomed, but it was emphasised that safeguards must be strengthened to ensure detainees’ rights and procedural fairness are maintained, particularly the right to access independent legal advice. The broader provisions within the Bill to put remote hearings on a permanent legislative footing was also welcomed given the efficiencies they provide, but the need for a consistent approach was emphasised.
Representatives expressed serious concerns about proposed clause 28 of the Bill, which seeks to curtail the role of the Taxing Master in Legal Aid cases. Given the extent of same, it was recommended that this clause be removed from the Bill.
The Society will continue to engage with the Committee to ensure that its recommendations are taken on board in order to strengthen the provisions and remit of the draft legislation.
The recording of the full meeting of the Committee for Justice can be found on the Assembly.tv website.
