Publications

NIHRC Briefing for Committee of Justice on the proposed Justice Bill

Date produced: November 2024

Below is a summary of the Northern Ireland Human Rights Commission's (NIHRC) recommendations and messages.

You can also download the full document through the links provided.

The NIHRC recommends:

2.18 The NIHRC recommends that compliance with Windsor Framework Article 2 be considered during the remaining stages of the Bill, particularly with regard to any amendments to be brought forward.

2.19 The NIHRC recommends that the Department of Justice publish detailed consideration of compliance with Windsor Framework Article 2, including relevant EU law on data protection and victims’ rights, in memoranda and human rights impact assessment to accompany the Justice Bill.

3.19 The NIHRC recommends that the Committee for Justice invite the Department of Justice to share their update to the CoE Committee of Ministers and maintain a watching brief over deliberations at the Committee of Ministers.

3.29 The NIHRC recommends that the Committee for Justice scrutinises the proportionality of the proposed retention regime in respect of each category of person. In particular, the NIHRC recommends that the Committee for Justice ascertains how the retention lengths reflect current re-offending patterns.

3.30 The Committee may wish to ask the Department of Justice to provide details on the criteria used to arrive at the specified periods for retention of biometric data in order to satisfy itself that the safeguards provided by the Article 5 of the EU Law Enforcement Directive have been satisfied.

3.34 The NIHRC recommends that the Committee for Justice closely scrutinises the proposed periods for the retention of a child’s biometric material. In particular, the Committee for Justice should assure itself that every effort has been taken to ensure that children are not unnecessarily stigmatised.

3.40 The NIHRC recommends that the Committee for Justice assures itself that the proposed retention periods for the biometrics of adults and children who have not been convicted of an offence are proportionate to the aim of detecting and preventing crime.

3.43 The NIHRC advises that to ensure compliance with the Law Enforcement Directive the proposed Article 63U should set out the time frame for periodic reviews of biometric material.

3.45 The NIHRC advises the Committee for Justice to explore whether to include in the proposed Article 63U(3) a duty on the Chief Constable to consider the proportionality of the retention of a person’s material.

3.47 The NIHRC advises that the Committee for Justice explore the potential to include a duty on the Chief Constable to consider the individual circumstances of an applicant in the proposed Article 63(U)(4) contained in clause 1 of the Justice Bill.

3.49 The NIHRC advises the Committee for Justice explore whether further provision for the right to appeal a determination by the Chief Constable can be included within the proposed Article 63U(3)(d) contained in clause 1 of the Justice Bill.

3.51 The Committee may wish to ask the Department of Justice for more detail on how the current clauses of the Justice Bill concerning the review of biometric data respect the data protection safeguards laid down by the EU Law Enforcement Directive.

3.54 The NIHRC advises that the Committee for Justice explores the interplay between the Data Protection Act 2018 and the proposed reforms in the Justice Bill, in particular the right to review. The Committee for Justice should ascertain how individuals whose biometrics are retained will be made aware of their rights under the Data Protection Act 2018.

3.57 The Committee may wish to ask the Department of Justice for more detail on how the Justice Bill satisfies the “right to erasure” and the “right to information” requirement to erase biometric data without undue delay when the storage of such data is no longer needed and enable the data subject to have access to information about their biometric data.

3.59 The NIHRC considers that the Biometrics Commissioner is well placed to perform a role in considering applications for destructions from individuals or appeals from initial decisions relating to applications for destruction. The NIHRC advises that the proposed Article 63Z contained in clause 1 of the Justice Bill should refer to the Biometric Commissioner performing a role in considering individual applications.

3.62 The NIHRC recommends that the Committee explore with the Department how the proposed biometric data retention framework will comply with the EU Law Enforcement Directive including in respect of the rights of data subjects, duties on data controllers and supervisory authorities and remedies for breach of rights.

4.22 The NIHRC welcomes the Department of Justice’s proposal to include provisions within the Justice Bill that ensure that a child is only held in pre-trial detention as a measure of last resort, guided by the express mention of the principle of necessity within the legislation.

4.23 The NIHRC recommends that the Department of Justice includes provisions within the Justice Bill that impose a statutory duty that suitable accommodation is provided within a reasonable time if a child is released on bail.

4.24 The NIHRC continues to recommend that the Department of Justice and Department of Health ensure that a range of non-custodial accommodation arrangements are available for children awaiting trial who cannot return to their homes.

4.38 The NIHRC recommends that the Department of Justice ensures that the Justice Bill includes express mention of the best interests of the child principle, as appropriate, within the clauses regarding bail and remand of children in NI. This is particularly relevant regarding clauses 5(3), 5(5) and 5(6) of the Justice Bill.

4.43 The NIHRC recommends that the Department of Justice considers and sets out a clear plan for specialised training, guidance and long-term funding to ensure that implementation of the provisions of the Justice Bill related to the bail and remand of children adheres to international human rights standards, particularly the UN CRC.

4.56 The NIHRC welcomes the Department of Justice’s proposals to include clauses within the Justice Bill that ensure there is a statutory duty to prevent children from being imprisoned with adults in NI.

4.62 The NIHRC recommends that the Department of Justice considers how it can expand express reference to a child-centred and trauma informed approach within the Justice Bill, as appropriate, for the purposes of ensuring such an approach expands across a child’s journey through the criminal justice system in NI.

4.67 The NIHRC welcomes the Department of Justice’s proposals to include clauses within the Justice Bill that ensure clarity regarding the application of provisions related to the bail and remand of children, and to ensure that children are not imprisoned with adults.

5.16 The Committee may wish to ask the Department of Justice to outline its plans to ensure guidance and training is provided to all relevant personnel on the circumstances in which live links can be used and the safeguards that should be in place to ensure such technology is accessible and used appropriately.

5.17 The NIHRC recommends that the Committee ask the Department of Justice what research and monitoring has been or will be commissioned, to identify individuals for whom “live links” technology is not suitable, particularly in the context of reviews, hearings or police interviews.

5.18 The NIHRC recommends that the Committee for Justice continues to keep the use of live links in the criminal justice system in NI under their consideration, in particular in relation to individuals held in custody.

6.5 The NIHRC recommends that the Committee for Justice consider if the test applied by the independent reviewer is clearly defined and accessible. Furthermore, the Committee for Justice should consider how an individual will be informed of their ability to make representations.