The Stormont Department of Justice has said that it has duly noted the devastating judgment against it which was delivered by Mr Justice Humpheys at the High Court in Belfast on Friday, and will be “carefully considering the detail”.
This should be a swift and straightforward process, as it would be difficult to recall an occasion when a government body has suffered a more comprehensive legal defeat on an issue of major public importance over many years.
A new law passed by the Assembly intended to grant anonymity to individuals suspected of sex offences until they were charged, but the judge said bluntly that it was not compatible with human rights or press freedom.
The act, which came into effect in 2023, meant that suspects in sex cases who were not brought before the courts could not be named for rest of their lives and indeed for 25 years after their deaths.
It followed a review carried out by the retired judge Sir John Gillen which recommended a prohibition on identifying those under investigation for sexual crimes prior to being charged, but crucially did not suggest extending anonymity for decades ahead and even beyond the grave.
It would be difficult to recall an occasion when a government body has suffered a more comprehensive legal defeat on an issue of major public importance over many years
The Stormont legislation somehow ended up introducing an extreme measure which did not apply anywhere else in the UK or Ireland, and it appears beyond doubt that a lack of proper scrutiny took place among MLAs in general and within the Department of Justice in particular.
If it had been left unchallenged, it would have meant that a notorious sex offender like Jimmy Savile, who died before he could be brought to justice, could have been identified by news organisations based in London or Dublin but not in Belfast.
Indeed, journalists working in Northern faced the possibility of a custodial sentence if they were found to be in breach of the legislation.
A range of other negative implications would have followed in terms of both the rights of victims and the freedom of the press, so Friday’s ruling was of considerable significance.
Several media groups, including The Irish News, Mediahuis – which publishes The Belfast Telegraph and The Sunday Life – the BBC and The Times were involved in the successful attempt to have sections of the new legislation declared invalid.
Friday was a chastening day for justice minister Naomi Long, and there is a clear onus on her to announce without delay that she fully accepts the ruling by Mr Justice Humphreys and will immediately start to prepare the way for revised legislation which reflects common sense, supports press freedom and above all properly protects the rights of victims in sex cases.
