Northern Ireland

Doubt over legislative implementation of Gillen proposals in absence of assembly

Sir John Gillen, with his preliminary report containing over 220 draft recommendations for consultation. Photo by Aaron McCracken.
Sir John Gillen, with his preliminary report containing over 220 draft recommendations for consultation. Photo by Aaron McCracken. Sir John Gillen, with his preliminary report containing over 220 draft recommendations for consultation. Photo by Aaron McCracken.

Some of the key recommendations of the widely welcomed report by retired judge Sir John Gillen into how serious sex offences are dealt with in Northern Ireland could be put in cold storage due to the failure to re-establish an assembly.

Of the 220 recommendations by the former appeal court judge, 36 require legislation before they can be implemented.

With justice devolved, and no justice minister currently in place, implementation of some of the recommendations remains in doubt.

SDLP Policing and Justice Spokesperson Dolores Kelly MLA has said that Sir John's report represented "a welcome move forward".

However, she added that "any delaying of these recommendations as a direct result of having no Assembly is a damning indictment of our ongoing political impasse that is failing to protect the most vulnerable in our society, including victims of sexual crimes.

"Our out-dated handling of sex-offence trials in Northern Ireland is both cruel and damaging to both the victim and the outcome of the trial," Mrs Kelly added.

The recommendations in doubt include legislation to exclude the public from rape trials, adding a cipher to the complainant's identity in all court hearings and documents, and anonymity to be made permanent so it applies even after death.

Legislation has also been proposed to bring in a strict code for jurors, that if breached will carry a prison sentence of up to two years.

It also proposes legislation that will increase the penalties for those who intentionally breach the anonymity of complainants.

To speed up the time it takes to get cases to court, Sir John has proposed doing away with committal proceedings, transferring serious sexual offences straight to the Crown Court, which would also require legislative change.

Legislation is also required to amend the Sexual Offences Order 2008, to give clarity on the issue of consent, which will include making it an offence if consent is only given because of threats or fear of violence.

The Gillen Report will now go out to public consultation with the full recommendations due to be published in February.

Ulster Unionist Party MLA Doug Beattie welcomed the proposals saying it was "important that victims of rape and sexual crimes feel that they can bring forward their complaints and that their case can be heard with care and compassion so that justice can be served".

Former Justice Minister Claire Sugden said Sir John’s review "recognises that issues within the criminal justice system are symptoms of wider societal problems. Healthy relationships and consent, for example, need to be taught and understood from a young age.

"His recommendations if accepted by a future justice minister will improve the criminal justice system generally as well as building confidence for complainants.

"Realistically, we need a cross-cutting Programme for Government with Ministers to deliver it if we truly want to address this issue and support victims through the trauma of sexual crime", she added.

Green Party MLA Clare Bailey said, "This report must be a starting point for a systemic review of how we approach sexual violence within the judicial system".

Sir John Gillen and his team will be hosting outreach events to get the public's opinion on his proposals. The first will be Wednesday November 28 at Queen's University Belfast, followed by an event in the City Hotel in Derry on Monday December 10 and Tuesday December 11 in Ranfurly House, Dungannon. All three events will take place between 6pm to 8.30pm.