Justice Minister Naomi Long will not appeal a court ruling striking down provisions of a law granting anonymity to suspected sex offenders during their lifetime and for 25 years post-death, but she confirmed she had been “minded” to do so.
Minister Long said the written responses from others in the Executive reveal they did not want her to move forward with the appeal and so has decided not to launch a challenge.
The responses indicate the other ministers “do not share my concerns about the wider implications of the judgment”,
“I indicated that I was minded, on the strength of the legal advice, to challenge the judgment on the constitutional issues alone,” the minister said, adding “I have decided not to proceed with an appeal”.
Media organisations, including The Irish News, launched a legal action over provisions of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022, which came into effect in 2023.
One of the provisions granted anonymity for life - and for 25 years after death - to those suspected but not charged with with sexual offences. Media organisations, and victims groups, for several months would have committed a potential criminal offence if they had published the names of Jimmy Savile or, more locally, Malachy Finegan, the one time head of St Colman’s College.
“The legal advice available to me, however, also set out clearly wider and potentially significant consequential impacts of what is a profound constitutional ruling by the court,” Ms Long said in a statement.
“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.”
Legal advice, she said, was that the ruling “will 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 added.
Her position is the ruling would make it significantly more difficult in the future for any department to defend against challenges. However, critics have argued it was stand out legislation because it was pushed through without proper scrutiny and that this was the target of the High Court ruling.
Ms Long sent a letter to Executive colleagues asking for their opinions, through any final decision is being made alone.
Mr Justice Humphreys found certain sections of the act are “not law” and failed to strike a fair balance between suspects rights to privacy and press freedom.
He said the provisions were incompatible with press rights to freedom of expression protected by Articles 8 and 10 of the European Convention on Human Rights (ECHR).
