Domestic abuse: Landmark bill's passage at Stormont postponed
- Published
A landmark bill to strengthen NI's domestic abuse laws will not finish its legislative process this year.
The announcement comes after its latest stage was postponed on Monday.
Justice Minister Naomi Long said she had "no choice" but to take the unusual step due to financial implications one proposal could have.
An amendment to widen legal aid access in some domestic abuse cases had not received "due diligence", she said.
"The impact on the executive's budget is potentially catastrophic - this would be RHI on steroids."
Last month, the assembly passed an initial proposal from Green Party MLA Rachel Woods, which would effectively widen access to legal aid for victims and survivors in child contact cases.
'Shameful course of action'
A second amendment from Stormont's justice committee, scheduled to be debated in the further consideration stage, would ensure the legal aid provisions take effect at the same time as the new domestic abuse offences come into use.
Mrs Long told the assembly that guidance from the Treasury was that this could have a "repercussive effect" and leave the executive liable to bear financial costs in other parts of the UK, if the legal aid amendment was not withdrawn.
In a later statement on Monday evening, the justice minister said: "The proposals made by the justice committee were much wider ranging than victims getting access to legal aid and would have brought many others within scope for legal aid including those who perpetrated the violence.
"Those amendments, relating to legal aid provision, need to be examined in much greater detail to establish whether there is any risk of incurring very significant financial consequences for the NI Block [Northern Ireland's block grant from Westminster]."
Justice Minister Naomi Long said the legal aid amendment would have a "repercussive effect"
Mrs Long added that she and Finance Minister Conor Murphy jointly wrote to the justice committee asking that the amendment not be moved so that the bill could proceed to the consideration stage.
When that option was declined, the justice minister said she had "no alternative" but to delay the next stage of the bill.
"It is imperative that we take time now to ensure whatever legislation is passed does not have unintended consequences," she added.
Paul Givan, chair of the justice committee, said Mrs Long's decision was a "shameful course of action".
"This is an abuse of democratic process and caught in the middle are victims," he told the assembly.
"The minister should be moving the further consideration stage - it is for this assembly to then decide whether or not it votes for amendments that are put forward."
The Department of Justice had argued that although it was sympathetic to supporting victims of domestic abuse in court cases, it was concerned the financial effect of the legal aid provisions could be significant.
The bill was originally due to pass its final stage next week, and become law shortly afterwards - but it is not clear when this will happen now.
- Published28 January 2020
- Published18 November 2020
