Categories of Offences Consultation,
Criminal Law Branch,
Northern Ireland Office,
Massey House,
Stoney Road,
Belfast
BT4 3SX

21 April 2005

Dear Sir/Madam,

Re.                 The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (Categories of Offences) Order 2005

Thank you for giving us the opportunity to comment on the above legislation. The Children’s Law Centre is an independent charitable organisation established in September 1997 which works towards a society where all children can participate, are valued, their rights respected and guaranteed without discrimination and every child can achieve their full potential.
We offer training and research on children’s rights, we make submissions on law, policy and practice affecting children and young people and we run an advice/information/representation service. We have a dedicated free phone advice line for children and young people called CHALKY and a youth advisory group called Youth @ clc.
Our organisation is founded on the principles enshrined in The United Nations Convention on the Rights of the Child (UNCRC), in particular:
• Children shall not be discriminated against and shall have equal access to protection.
• All decisions taken which affect children’s lives should be taken in the child’s best interests.
• Children have the right to have their voices heard in all matters concerning them.
We welcome the introduction of the above legislation and believe that it will offer enhanced protection to children and young people in Northern Ireland, particularly in relation to sexual offences against young people under 17, in that it goes some way to addressing a number of the provisions in the UNCRC. The UNCRC is a set of non-negotiable and legally binding minimum standards and obligations in respect of all aspects of children’s lives which the Government has ratified. One of the principles of the UNCRC, Article 3, relates to the best interests of the child. This legislation clearly supports this principle and this is very welcome. Article 19 of the UNCRC is also relevant to this discussion and states that,
“1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.”
This is compounded by Article 34 of the UNCRC which deals with sexual exploitation and abuse and states that,
“States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(c) The exploitative use of children in pornographic performances and materials.”
The Government will again be reporting to the UNCRC Committee in 2007 and will have to address the issues raised and detail any progress made in relation to the UNCRC Committee’s concluding observations (2002). It is important that the Government addresses all of the Committee’s previous recommendations and is seen to be making real progress in addressing the failings identified in the Committee’s 2002 report. We feel that this legislation is a positive step towards affording children and young people additional protection from sexual abuse and exploitation.
We thank you again for the opportunity to comment on the Criminal Justice (Evidence) (Northern Ireland) Order 2004 (Categories of Offences) Order 2005 and look forward to its implementation. We are more than happy to meet with NIO staff to discuss anything in this response and wish to be kept fully informed of progress in the development of this legislation.
Yours faithfully,

Paddy Kelly
Director