Agreement Reached in the Multi-Party Negotiations - Transitional ...

of legislation. 250 A missed opportunity to include and bolster the role and work of women
in the community, essentially the shifting of criminal justice to the community as envisaged
by the Agreement has not been successfully achieved.
8.7 Law Reform
The Review recommends the establishment of the Law Commission for Northern
Ireland 251 but makes no reference to gender balance in its membership. 252 Equality
screening noted that the ‘appointing authority must ensure that the Commissioners as a
group are representative of the community in Northern Ireland. The Commission will be
designated for section 75 purposes.’ Matters deemed appropriate for the Law Commission
for Northern Ireland to consider as part of its early programme of work includes ‘domestic
violence, in particular how current law, policy and practice helps or hinders prevention,
protection and service provision in relation to domestic violence. Such a review should not
be confined to criminal procedures, but encompass family and civil remedies as well.’ 253
Section 50 of the Justice (Northern Ireland) Act 2002 ‘provides for the establishment of a
Law Commission for Northern Ireland’. While the Commission is to be ‘representative of
the community in Northern Ireland’ there is no specific mention of gender. Subject to the
availability of resources, it is planned to establish the Law Commission by April 2005.
Membership of the Criminal Justice Issues Group should be expanded to include
representatives of the major voluntary organisations. 254 This may benefit women because
of their role in the voluntary sector.
In looking through the various reports, reviews and legislation on criminal justice, there are
missed opportunities and omissions, even in minor ways. For example, a
recommendation 255 regarding bursaries could have included a positive discrimination
provision for women. Likewise, the recommendation 256 on compiling a list of experts for
defence (to insure sectarian inclusivity) makes no mention of gender balance.
The Criminal Justice Oversight Commission provides independent scrutiny of the
changes in the criminal justice arrangements and structures flowing from the Criminal
Justice Review and the provisions of the Justice (NI) Act 2002.
8.8 In Summary
The Agreement made no specific reference to gender with regard to criminal justice.
Provisions are directed at both men and women, with no distinction as regards particular
gender needs. The emphasis on community justice acknowledges members of the
community as stakeholders in the administration of justice and aims to give them a role as
active agents of change. Community justice is seen as necessary in healing
community/sectarian division and the mistrust of Catholics in the criminal justice system.
250 The relevant clause is section 71 of the Justice (Northern Ireland) Act 2002; the wording of the clause had
been commented on at Bill stage by the Northern Ireland Human Rights Commission with a suggested
rewording that would include community and voluntary organisations but the Commission’s changed
wording was not incorporated. The Commission also commented that the Bill did not put human rights at
the heart of the criminal justice system as proposed by the Review.
251 Ibid.para. 14,51
252 Ibid.para. 14.55
253 Ibid.para. 14.62
254 Ibid. Recommendation 266
255 Ibid. Recommendation 10
256 Ibid. Recommendation 12
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