To ask the Minister of Justice what progress is being made to protect young people in non-statutory settings from sexual abuse.

Mrs Long

As I previously announced, I intend to strengthen the current law on abuse of positions of trust by extending its scope beyond those responsible for our young people in the statutory sector. That should be achieved through an amendment of the justice Bill during its passage through the Assembly later this year. While I am very conscious that there has been a particular focus on the risks posed in the sport and religious sectors, I am mindful that predatory behaviour can occur in other environments in which adults have significant influence or power over a young person in their care. I am therefore committed to ensuring that any legislative change is as robust as possible and offers protections where they are needed. That said, it is imperative that the law can withstand scrutiny and challenge in the courts to ensure that there is no wiggle room for offenders. Similarly, I do not want to criminalise people inappropriately. It is crucial that the legal definition that applies in law strike a proportionate balance. We need to ensure that, in protecting our young people, we also respect their rights to engage in a healthy sexual relationship where they wish to do so. The draft justice Bill has been ready to go forward since early May. My attempts to include the approval of the Bill's introduction on the Executive's agenda at every meeting since 6 May have, however, been unsuccessful, and the Executive have still to approve its introduction. I am greatly concerned that that inexplicable and continuing delay is making it increasingly problematic for the Bill to be progressed through its necessary Assembly stages to Royal Assent in the current mandate. I remain hopeful that good sense and responsible stewardship will, even at this late stage, enable me to introduce the Bill and secure its passage in the remainder of this mandate. We are rapidly approaching a point of no return, however. If the Bill cannot be progressed in the current mandate, I will ensure that my Department will take the necessary steps for the inclusion of the abuse of trust provisions in a suitable legislative vehicle early in the next mandate.

Mrs Long

That deadline has effectively already passed. To introduce the Bill, we needed approval a number of weeks ago. That would have given the Speaker's Office the customary two weeks to review the legislation and ensure its competence; to arrange with the Business Committee the tabling of the Bill's introduction; to allow a two-week gap between that and Second Reading so that the Department could fully brief the Committee between the two stages; and, subsequently, to allow the Committee to do a call for evidence, hopefully over the summer, to allow it to proceed. That process can, of course, be truncated, and, with the goodwill of the Speaker, it may be possible to carry out the review of the legislation more quickly. With the goodwill of the Committee, it may be possible to do the call for evidence prior to Second Reading. That would be unusual but not impossible. We are, however, now relying on people's goodwill rather than on good procedure, which is a shame. The drafting of the Bill was complete at the end of March. Initially, I issued an Executive paper to seek approval for its introduction on 27 April. The Bill's content, which, as the Member knows, includes important provisions to protect women and children from serious sexual offences and sexual exploitation and a number of other important matters, was agreed with the Executive Committee in November 2020.

Ms Brogan

I share the Minister's concerns about the delays to the justice Bill by some parties in the Executive. The delays really are inexcusable. It is a concern that children and young people are still at risk and will remain at risk of grooming and sexual abuse while there are no adequate protections in place. Will she outline what the potential implications are if the legislation is not passed in this mandate?

Mrs Long

The Member will be aware that, if the legislation is not passed in this mandate, the current arrangements for protections still apply. It is not that people will have no protection from such offences, but it limits the protections to those working in the statutory sector. Those working in the voluntary sector would not be covered. The Bill covers a number of incredibly important areas to do with public protection. All of the Bill's content, as presented for introduction, was subject to appropriate consultation. No new content has been added in advance of the Bill's introduction. I have written to my Executive colleagues on six separate occasions to stress the importance of the Bill. I have sought to get the Bill on the Executive agenda for a decision at each of the Executive's meetings since 6 May. In the most recent letter, I confirmed that we had at least three Ministers requesting that the item be tabled; indeed, we had all Ministers bar those in the DUP.

Ms S Bradley

Whilst I appreciate that it is not in itself a solution, has the Minister considered the development of a guidance document so that those in out-of-school settings can engage in best practice in helping the children in their care?

Mrs Long

The preparation of guidance documents on safeguarding would be a matter for the Department of Health, but the law on abuse-of-trust provisions falls to the Department of Justice. In the absence of developments on the Justice Bill, we would look to other Departments to provide interim measures. However, guidance is not law. Those in breach would, therefore, have only breached guidance rather than broken the law and criminal penalties would not be accessible.