Long 'won't appeal' sex offenders law court ruling

Naomi Long

Northern Ireland Justice Minister Naomi Long will not appeal a court ruling that struck down a law on identifying suspected sex offenders.

In May, a judge ruled the legislation was not compatible with human rights or press freedom.

Mrs Long said she had been “minded” to appeal the judgement on constitutional grounds, but other parties did not share her concern.

The law, called the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022, came into effect in 2023.

It granted anonymity for life - and for 25 years after death - to suspects who were not charged with any sexual offences.

Media organisations had joined forces in a bid to have sections of it declared legally invalid.

At the time, the justice minister rejected claims the law had been rushed through or that she had misled the assembly over it.

On Wednesday, Mrs Long issued an urgent written statement to the assembly confirming she would not challenge the ruling.

She said legal advice had indicated to her that the ruling would have a “substantial effect” on assembly processes for scrutinising its laws, as well as for executive ministers and all departments in taking forward legislation.

“These potential impacts go much further than my department or this particular piece of assembly legislation,” she said.

'Significantly compromised'

The minister said she had also been advised that, in the absence of a challenge in this case, the prospects of another department successfully defending any similar challenge to assembly legislation in the future would, at first instance, be “significantly compromised”.

“Any other High Court judge would have to be satisfied that the judge in this case had been plainly wrong before they could depart from his reasoning,” she added.

Mrs Long said it was for those reasons only that she explored the option of an appeal.

She wrote to executive colleagues last week ”to seek their views” on the constitutional implications.

“I indicated that I was minded, on the strength of the legal advice, to challenge the judgment on the constitutional issues alone, but sought their written responses by 17:00 BST on 2 July,” said the minister.

She told the assembly that the responses from Sinn Féin, the DUP and Ulster Unionists indicated that those parties do not share her concerns about the wider implications of the judgement.

“Given my only reason for considering an appeal was these wider implications to the assembly, its departments and ministers, I have decided not to proceed with an appeal,” she said.