No decision yet on appeal over sex laws judgment, minister insists

By Jonathan McCambridge (PA)

No decision has yet been made on whether an appeal will be lodged against a High Court ruling that elements of contentious sexual offence anonymity legislation were unlawful, Justice Minister Naomi Long has said.

However, Ms Long confirmed she has circulated the “rationale” for any potential appeal to her Stormont ministerial colleagues, and is seeking their views.

The Sexual Offences and Trafficking Victims Act came into force in Northern Ireland last year.

It excludes the public from Crown Court rape cases and also provides anonymity for suspects in sexual offence cases up to the point of charge.

The legislation also set out that those not subsequently charged will have anonymity for their lifetime and for 25 years after their death.

Media organisations launched a legal challenge against some sections of the Act, amid concern over the impact on the reporting of sexual offence allegations.

An example given was that the legislation would have prevented the media from being able to report the allegations against disgraced entertainer Jimmy Savile.

Last month, Mr Justice Humphreys struck down parts of the Act which he said were beyond Stormont’s legislative competence.

He said the relevant sections were “not law” and failed to strike a fair balance between suspects’ rights to privacy and press freedom.

During an appearance on BBC’s Good Morning Ulster programme on Tuesday, Ms Long was asked about reports that she plans to legally challenge the High Court ruling.

She said: “I haven’t made a decision – that is the first thing to say.

“I circulated to ministerial colleagues the rationale that had been laid out, not by me, but for me by our legal advisers in the case.”

Ms Long indicated that any potential legal challenge would not relate to the clauses about naming of suspects, but would instead focus on the “constitutional pieces of law”.

Ms Long has previously said she believes the judgment, which was the first time the courts had struck down a piece of primary legislation from Stormont, could have wider consequences for laws passed by the Executive.

DUP leader Gavin Robinson said his party does not believe an appeal should be launched.

He said: “The choices for the Executive on constitutional issues are something that the Executive as a whole can consider.

“We do not believe that this case should be appealed, it is quite bizarre.”

The legislation had been passed by Assembly Members following a review carried out by retired judge Sir John Gillen.

Although Sir John recommended a prohibition on identifying those under investigation for sexual crimes prior to being charged, his report did not suggest extending anonymity beyond their deaths.