SDLP: Long’s Stubborn Response to Court Judgement Irresponsible

The Justice Minister’s stubborn refusal to confirm that she will not appeal a court judgement striking out a law granting lifetime and post death anonymity to sex offence suspects is both disappointing and irresponsible, the Leader of the Opposition has said.

Responding to an urgent oral question brought by Matthew O’Toole MLA – who is also the founder of the Assembly APG on Press Freedom – Naomi Long left open the possibility of her department appealing the damning verdict from Mr Justice Humphreys, which said the anonymity provisions in the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 were not compliant with Article of the European Convention on Human Rights and had a “chilling effect” on public interest journalism.

The Justice Minister’s refusal to confirm she will accept the judgment came despite clear representations made by media companies and victims groups.

Responding to the Justice Minister’s answer in the Assembly, Matthew O’Toole said:

“The seriousness of the impact of this bad law cannot be overstated. We know that publishers are getting lawyers’ letters warning them off naming deceased sex offenders even after civil courts have awarded compensation to their victims. As Justice Humphreys said in his damning judgment, this is chilling for the most vital public interest journalism.

“Despite this, the stubbornness and lack of humility from the Justice Minister in the Assembly chamber today was deeply disappointing. Rather than engage with the seriousness of the issue, she cavilled at substantive questions.

“Most concerningly, she refused to confirm to me that she would not appeal the main elements of the court’s judgment, I find that position inexplicable. Even if she wishes to take further legal advice on legal consequences, she could have been clear in accepting the court’s view that the anonymity provisions are simply incompatible with the ECHR and the basic tenets of a free press. She was not, and her irascible, defensive response to basic scrutiny reflects poorly.”

ENDS