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Devolving Policing & Criminal Justice

Devolving Policing & Criminal Justice. Project supported by the European Union’s PEACE III Programme, managed by the Special EU Programmes Body. Devolving Power. What Does 'devolution' mean? Legal & Political Power resides in Westminster parliament

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Devolving Policing & Criminal Justice

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  1. Devolving Policing & Criminal Justice Project supported by the European Union’s PEACE III Programme, managed by the Special EU Programmes Body

  2. Devolving Power • What Does 'devolution' mean? • Legal & Political Power resides in Westminster parliament • Delegates or 'devolves' power under the Northern Ireland Act 1998; • Power to make law in certain defined areas • e.g. housing, health, education • Some areas 'reserved' to Westminster • e.g. tax • Some areas can be devolved in future • e.g. policing, criminal justice

  3. Why Policing & Criminal Justice? • Always envisaged that these powers would eventually be devolved; • Considerable disagreement as to when and how; • Nov 2008 – agreement between First & Deputy First Ministers; • Negotiating with Treasury over costs; • Still some disagreement and criticism of delay and lack of detail.

  4. Process of Devolution • Northern Ireland Act 2009 • Northern Ireland Assembly must pass legislation setting up a Department of Justice. On 31st July 2009, the Northern Ireland Executive agreed a draft of the necessary Act which will go to the Assembly to be debated in the Autumn of 2009. • Finally the Northern Ireland Assembly must pass a motion requesting the transfer of powers. • Then the Minister for Justice can be elected and the Northern Ireland 'Law Officers' (e.g. the Attorney General) can be appointed. • Minister for Justice to be elected on single cross community vote not 'd'hondt' • Criticisms of process and openness

  5. What Will The Justice Ministry Do? • Policing (but not 'national security') • prisons, courts and other areas of the criminal justice system - e.g. • the Forensic Science Service; • Youth Justice; • the Probation Service; • Criminal Injuries and other compensation matters; • the State Pathologist; • Medical Appeals Tribunal;

  6. Questions for Communities • pros and cons of devolving policing and criminal justice powers? • are there any safeguards which might be necessary? • what impact will the new arrangements have on policing in the community? • how will the new Department for Justice be accountable to communities in Northern Ireland? • will staff from the existing NIO policing and criminal justice divisions be automatically transferred over to the new Department for Justice, or will there be open recruitment? • is it necessary to carry out equality impact assessments of the new arrangements, including funding? • what priorities do communities have when it comes to criminal justice?

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