Committee for Justice - Report on the Legislative Consent Memorandum on the Crime and Policing Bill

Committee for Justice - Report on the Legislative Consent Memorandum on the Crime and Policing Bill.pdf (254.13 kb)

Ordered by the Committee for Justice to be published on 5 June 2025.

Report: NIA 101/22-27 Committee for Justice

Contents


Powers and Membership

Powers

The Committee for Justice is a Statutory Departmental Committee established in accordance with paragraphs 8 and 9 of the Belfast Agreement, Section 29 of the Northern Ireland Act 1998 and under Standing Order 48. The Committee has a scrutiny, policy development and consultation role with respect to the Department of Justice and has a role in the initiation of legislation.
The Committee has power to:

  • consider and advise on Departmental budgets and annual plans in the context of the overall budget allocation;
  • consider relevant subordinate legislation and take the Committee Stage of primary legislation;
  • call for persons and papers;
  • initiate inquiries and make reports; and
  • consider and advise on matters brought to the Committee by the Minister of Justice.


Membership

The Committee has nine members, including a Chairperson and Deputy Chairperson, and a quorum of five members. The membership of the Committee is as follows:

  • Ms Joanne Bunting MLA (Chairperson)
  • Miss Deirdre Hargey MLA (Deputy Chairperson)
  • Mr Danny Baker MLA
  • Mr Doug Beattie MLA
  • Mr Maurice Bradley MLA
  • Mr Stephen Dunne MLA
  • Ms Connie Egan MLA
  • Mrs Ciara Ferguson MLA
  • Mr Justin McNulty MLA

 
Background

1. The Crime and Policing Bill (“the Bill”), was introduced in Westminster on 25 February 2025 and extends to England, Wales, Scotland and Northern Ireland. The most recent version of the Bill can be found at Crime and Policing Bill publications - Parliamentary Bills - UK Parliament

2. The Legislative Consent Memorandum was laid before the Northern Ireland Assembly on 16 May 2025.

3. The Explanatory Notes state that the Bill:

“supports the delivery of the Government’s Safer Streets Mission to halve knife crime and violence against women and girls (VAWG) in a decade and increase public confidence in policing and the wider criminal justice system. It aims to support neighbourhood policing and give the police the powers they need to tackle anti-social behaviour, crime and terrorism, whilst introducing reforms to ensure that law enforcement agencies perform to the highest standards expected by the public and focus on front-line policing.”

4. The Bill contains a number of provisions that will extend to Northern Ireland. This includes a range of excepted or reserved matters for which consent is not required including, for example, a new offence relating to the online facilitation of child sexual exploitation and abuse; new offences relating to the possession and supply of SIM farms; and measures relating to terrorism and national security. However, various measures impact on areas of devolved power and consent will, therefore, be required to extend these provisions to Northern Ireland.

5. The Department of Justice (“the Department”) advised that the current legislative programme means that it would not be possible to bring forward equivalent legislation via an Assembly Bill before the next mandate at the earliest. Any delay in legislating would create loopholes, leaving Northern Ireland more vulnerable to serious and economic crime. The Department, therefore, considered that a Legislative Consent Motion (LCM) was the most timely, reasonable and proportionate way forward.


Provisions which require legislative consent

6. The provisions which deal with devolved matters and require legislative consent are set out below:

  • A new offence of cuckooing.
  • The offence of possession of advice or guidance about creating etc. child sex abuse (CSA) images – which involves an amendment to the existing paedophile manual offence.
  • Provisions which will strengthen the notification requirements (sex offenders register) used in the management of registered sex offenders (RSOs).
  • A spiking offence – repeals existing legislation and replaces with a single, modernised offence.
  • An encouraging or assisting serious self-harm offence – replaces an existing offence with a broader offence of encouraging or assisting serious self-harm which covers all means by which serious self-harm may be encouraged or assisted.
  • Offences relating to electronic devices for use in vehicle theft.
  • Expanding the lawful purposes for which the police can access the DVLA driving licence database.
  • Reforms to the confiscation regime under the Proceeds of Crime Act (POCA) 2002.
  • New costs protections for civil cases under POCA 2002 (mirroring the unexplained wealth order provisions currently in POCA).
  • Implementation of international law enforcement information sharing agreements.
  • Criminal liability of bodies corporate and partnerships where a senior manager commits an offence - Identification Doctrine.

Committee Consideration

7. The Committee was initially advised on 11 January 2025 by the Minister of Justice that the UK Government intended to bring forward a Crime and Policing Bill early in the New Year. The Minister outlined that the various provisions in the Bill will relate to a mix of excepted, reserved and transferred matters, and, therefore, it is highly likely that she would seek the Justice Committee’s agreement to lay a Legislative Consent Motion in the Assembly.

8. The Committee considered that correspondence at its meeting on 23 January 2025 and subsequently wrote to the Department requesting details of the measures in the Bill that the Department had been informed or anticipated would apply to Northern Ireland, including those for which legislative consent may be required, and asked for a clearer indication of the time frame for the Bill’s introduction at Westminster.

9. The Department replied to the Committee on 11 February 2025 advising that the content of the Bill had not been finalised but that some of the provisions were expected to be similar to those which were introduced in the previous Government’s Criminal Justice Bill, which fell before the 2024 general election. The Department informed the Committee that, as details of the Bill had been shared with officials in confidence and were not yet in the public domain, they were unable to share any further information at that time, but the Bill was expected to be introduced in the coming weeks.

10. On 26 February 2025, the Committee was informed by the Department that the Bill had been formally introduced in Parliament the previous day. The Committee was asked if it was content, in principle, for a Legislative Consent Motion to be sought on the transferred measures which extend or apply to Northern Ireland detailed at paragraph 6 above.

11. The Committee considered the correspondence at its meeting on 27 February 2025. During the discussion, Committee Members expressed concerns about the lack of engagement on the detail of the Bill. It was noted that, while the Committee was informed that it was confidential, the Department had liaised with the Northern Ireland Human Rights Commission (NIHRC) and the Police Service of Northern Ireland (PSNI) on the Bill.

12. It was also noted that the Department had advised that it was likely further measures may be introduced during the passage of the Bill which may extend to Northern Ireland and may also require legislative consent. The Committee agreed to invite Departmental officials to give evidence and answer questions on the Bill.

13. Departmental officials attended the Committee meeting on 20 March 2025 and answered questions from Committee members on the Bill and the need for the LCM. During the evidence session, officials agreed to provide the Committee with further information on a range of issues, including:

  • the Human Rights Memorandum from the Home Office;
  • the advice received from the NIHRC in respect of any of the provisions in the Bill that are to be extended to Northern Ireland, including the advice on access to the driving licence database;
  • details of international law enforcement information-sharing agreements and who has access to the relevant databases;
  • clarification of why the provisions apply only to the GB driving licence database;
  • information on the consideration of the United Nations Convention on the Rights of the Child (UNCRC);
  • information on any potential costs to the PSNI of implementing the proposed new measures;
  • details of penalties or sentences to be applied to any new offences; and
  • information on any forthcoming Regulations in relation to the LCM, including what procedure will be applied.


14. While not one of the provisions for which consent was being sought, the Committee also agreed to ask the PSNI for information on any engagement it had with the Home Office regarding Clause 123 of the Bill and the recommendations from the Independent Reviewer of Terrorism Legislation regarding seizure powers relating to materials which may be used to promote or support a proscribed organisation. The PSNI’s response was noted by the Committee at the meeting on 1 May.

15. The Committee also considered the Department’s response at its meeting on 1 May 2025, which included the advice received from the NIHRC. The response detailed the penalties for new offences which will be introduced and the Regulations that may be required to implement the provisions. The Department also provided information on the arrangements that are in place across all law enforcement agencies to ensure that information sharing and exchange is managed appropriately within relevant legislation and guidance.

16. With regard to the provisions for accessing the driving licence database applying only to the GB database, the Department clarified that the provisions in the Bill relate to information held under Part 3 of the Road Traffic Act 1998, which does not apply to Northern Ireland. The disclosure of data on the provisions in the Bill, therefore, cannot relate to driving licences issued in Northern Ireland.

17. In respect of consideration given to the UNCRC, the Department advised that it considers the provisions relating to notification requirements for RSOs and the amendments to the existing paedophile manual offence will increase protections for children and are, therefore, in line with the Convention. The provisions relating to encouraging and assisting serious self-harm are also considered to be in line with the Convention. The Department stated that it had engaged with the Northern Ireland Commissioner for Children and Young People (NICCY) regarding the sexual offences related provisions and to also discuss whether the provisions relating to spiking may have an impact on children and young people.

18. The Department also provided information on the alternative method of notification, whereby a sex offender may notify virtually rather than in person. The Department advised that the virtual notification method is intended for use relating to health and mobility issues including, for example, where local stations have closed. However, virtual notification will only be allowed by police where they deem it safe and appropriate to do so based on the offender’s level of risk. The police could also compel the offender to notify in-person if they are dissatisfied with their virtual notification.

19. The Committee agreed to seek further information from the Department relating to the notification requirements for the management of sex offenders; access to the DVLA database and clarification of whether encouraging or assisting serious self-harm extended to suicide.

20. The Committee also sought further clarification from the PSNI in relation to the power to initiate the removal of an RSO from the requirement for indefinite notification (removing them from the sex offenders register).

21. In its response, which was considered on 22 May 2025, the Department advised that the Criminal Justice Act (Northern Ireland) 2013 introduced Schedule 3A to the Sexual Offences Act 2003, whereby an RSO can apply to have their notification requirements discharged by police but only where there is no risk of sexual harm to the public. The legislative frameworks for the existing scheme and the new own motion scheme for the PSNI will align and how they are operated are clearly prescribed in the respective legislation. The Department also confirmed that, under the Criminal Justice Act (Northern Ireland) 1996, it is already an offence in Northern Ireland to do an act capable of encouraging or assisting another person to take, or attempt to take, their own life.

22. The Department also provided a detailed response to the Committee’s questions regarding access to the DVLA database. However, the Committee was informed that, at this stage, due to ongoing policy development, consent was not being sought on Clause 95 of the Bill, which relates to access to GB driving licence databases.

23. The Committee wrote to the Department to request further information on RSO notification requirements. Additionally, in noting that the Legislative Consent Memorandum had been laid in the Business Office and, accordingly, the time within which the Committee would be required to complete its deliberations was limited, the Committee agreed to ask officials that Departmental officials be available at the meeting on 29 May 2025 to respond to any further questions that Members may have.

24. The PSNI’s response outlining the safeguards and process involved in the PSNI initiating removal of an RSO from the requirement to notify was considered on 22 May. Members agreed to ask for clarification from the PSNI on whether a partner who enquired about an RSO after the RSO, having met the criteria, had been discharged from notification requirements, would still be advised that the RSO had previously been on the register.

25. The Committee received a response from the Department to its letter of 22 May 2025 on 28 May 2025. The Department advised that the requirement to notify is a factor in managing the risk of reoffending, but is not the sole determinant; that there are 3 categories of offenders and all are based on risk; and confirmed that only category one offenders who have completed 15 years of notification will be eligible to be removed from the register, but this will be based on a number of factors, including a multi-agency risk assessment.

26. The Committee heard from Departmental officials on 29 May 2025. While a response had not been received from the PSNI about whether details of an RSO who had been discharged from the register may be disclosed, the officials advised that the police would consider each enquiry on a case-by-case basis and would be able to disclose the information where it was considered necessary. Disclosures could also be made via relevant child protection or domestic abuse schemes.

27. In response to Members’ questions, officials outlined the implications should legislative consent not be provided for the provisions outlined in the LCM. Members also heard that the Department may have to take forward a further LCM, in conjunction with the Department of Health, and it was anticipated that this would happen before the summer recess but would be a separate and distinct process.

28. During the session, the Deputy Chairperson put on record her party’s concerns about what it considers to be the ‘draconian nature’ of other measures in the Bill which will extend to Northern Ireland but which are excepted or reserved, and that the Assembly will, therefore, not have an opportunity to scrutinise.

29. Following the evidence session, Members indicated that they were content with the proposal to extend the provisions in the Crime and Policing Bill to Northern Ireland by way of a Legislative Consent Motion.

Conclusion

30. Following consideration of the Legislative Consent Memorandum laid before the Assembly on 16 May 2025, the Committee for Justice agreed to support the Minister of Justice in seeking the Assembly’s endorsement of the Legislative Consent Motion:

“That this Assembly endorses the principle of the extension to Northern Ireland of the provisions in the Crime and Policing Bill, as introduced in the House of Commons on 25 February 2025, dealing with: an offence of cuckooing (contained in Part 4 Clauses 32 to 34 and 35(2), (3) and (4)(c) and Part 3 of Schedule 5); and updated offence to deal with advice or guidance on creating child sexual abuse material (contained in Part 5 Clause 37); management of sex offenders (contained in Part 5 Clauses 59, 61 to 63, 65, 66(1), 67 and 68 and Schedule 9); administrating etc harmful substances (including by spiking) (contained in Part 7 Clause 73); encouraging or assisting serious self-harm (contained in Part 7 clauses 74 and 75); proceeds of crime relating to confiscation (contained in Part 11 Clause 102(2) and Schedule 15); proceeds of civil recovery: costs and expenses (contained in Part 11 Clause 103); international law enforcement data sharing agreements (contained in Part 15 Clauses 127, 128 and 129) and criminal liability of bodies and partnerships (contained in Part 15 Clause 130.”


Links to Appendices

Appendix 1: Memoranda and Papers from the Department of Justice

View Memoranda and Papers supplied to the Committee by the Department of Justice

Appendix 2: Memoranda and Papers from Others

View Memoranda and Papers supplied to the Committee from other individuals or organisations

Appendix 3: Minutes of Proceedings

View Minutes of Proceedings of Committee meetings related to the report

Appendix 4: Minutes of Evidence

View Minutes of Evidence from evidence sessions related to the report

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This Report can be made available in a range of formats including large print, Braille etc. For more information please contact:

Committee for Justice
Kathy O’Hanlon (Clerk to the Committee)
Northern Ireland Assembly
Parliament Buildings
Ballymiscaw
Stormont
Belfast BT4 3XX

Telephone: 028 905 21033
Email: committee.justice@niassembly.gov.uk
X (Twitter): @NIAJusticeComm