Questions asked by Andrew McMurray in the Northern Ireland Assembly

Mrs Long

You will be aware that, on 8 October, my Department launched its consultation on good-character references at sentencing in criminal proceedings, which will run until Thursday 3 December 2026. If the Department can identify a straightforward legislative approach to introducing reform based on the feedback to that consultation, it is my intention to take that forward during the current Assembly mandate, subject to Executive approval and Assembly time. Any legislative changes will require careful policy development to ensure that they comply with ECHR rights, including the article 6 rights of the defendant. Any remaining issues, including the framework governing character references at trial, will be taken forward in the review of sentencing policy. In the meantime, I again strongly urge everyone to exercise personal responsibility when it comes to providing character references for use by a court.

Mrs Long

One option for reform is to introduce a requirement that good-character references must be provided in the form of an affidavit and that, where evidence is to be given orally before the court, it must be given by oath or affirmation. That is similar to the recent reforms introduced in Ireland. It would serve to formalise the process and may make it more robust and transparent. It may also increase accountability and the reliability and scrutiny of the use of character references. Another potential reform is to restrict the circumstances in which good-character references may be taken into account in mitigation at sentencing. In practical terms, restricting the circumstances in which good-character references may be taken into account would limit the number of circumstances in which good-character references could contribute to a reduction in the overall sentence. Any changes will be subject to policy development to ensure that they comply with the article 6 rights of the defendant and will need Executive approval.

Ms Sheerin

The Minister will be aware that, throughout the evidence-gathering part of our Committee deliberations to date, we have heard robust responses from those engaged in domestic and sexual violence cases and advocacy groups for those victims stating that character references are not appropriate in such cases. Minister, am I to take it from your initial response to Mr McMurray that, if there is a legislative way to do that, you intend to do it? How much work have you done to scope that out?

Mrs Long

There are two things to say. Character references are used at two points in the system. The first is during the trial, and any interference with that could prejudice the right to a fair trial. One thing that Sir John Gillen raised in his review of serious sexual offences was the imbalance, in that victims will often feel that they are on trial. They cannot call on good-character references but have to stand up and give an account of themselves and are cross-examined about how reliable their evidence might be. Meanwhile, the alleged perpetrator does not have to take to the stand but can call people to say that they are of good character. There is a challenge. What speaks to the complexity of the issue is that, unlike in almost every other case, Sir John did not make a recommendation on how it could be resolved. We need to bear that in mind. It may be that we can do something more in a shorter time frame on the use of character references for mitigation at sentencing, so we are looking at that area for potential intervention in this mandate. However, I still see the wider issues being considered as part of ongoing work in the Department into the next mandate, because, as we know, there are certain cases where, through the grooming of whole communities and groups of people, defendants often appear very different in public from how they appear in private. We have heard it said: an angel in the street and a demon in the household. That has been seen more than once.

Mr Muir

I am committed to ensuring that Northern Ireland's bathing waters framework remains fit for purpose and reflects how people use our rivers, lakes and coastal waters today. Protecting public health and improving water quality remain central to my intent. Northern Ireland continues to enjoy high-quality bathing waters, with the vast majority of identified bathing waters achieving either an "excellent" or "good" classification in recent years. To build on that success, my Department recently completed a public consultation on the bathing waters policy review.

The review has considered a range of proposals designed to modernise the current framework, including improving public information and health messaging, reviewing bathing water identification arrangements, considering a more risk-based approach to monitoring, strengthening arrangements for poorly performing bathing waters, extending the bathing season and ensuring that the framework reflects modern patterns of recreational water use.

At the same time, participation in recreational water activities has continued to evolve, and it is important that the policy framework keeps pace with those changes. The consultation closed on 21 August 2026, and my officials are analysing the responses and assessing all relevant implications. This is an opportunity to modernise the bathing water programme for generations to come, safeguarding the health of bathers and those who participate in recreational water activities. That work will complement the wider measures that are being taken by my Department to improve water quality across Northern Ireland. I will make final decisions on the future direction of bathing water policy by the end of November 2026.

Mr Muir

I would be delighted to do that. What is more, I will give you a challenge. I am happy to do that down in your constituency, and, if we can go for a dip as part of that, I would be delighted to take up the offer.

Mr Martin

I hope that the Minister is not going to offer that to those of us in our constituency. Minister, in your answer to a previous question, you said that your Department is collecting out-of-season data to inform whether bathing waters are safe. In Ards and North Down, as you might be aware, there are 231 storm overflows, of which 94 have event duration monitors (EDMs). How can the public have confidence that those waters are safe to swim in on the basis of a relatively small number of bathing water samples and given the fact that, in some areas, no live EDM data is being collected?

Mr Muir

The Member will be aware that, in our constituency, we have a number of designated bathing areas, including Helen's Bay and Crawfordsburn. I invite him to join me at Helen's Bay on Christmas Eve. I am sure that you will step up to that —

Mr Martin

It is not going to happen.

Mr Muir

— and support charity as well. I accept that — [Interruption.]

I am aware that people have a concern about what is in the outfall in those areas. We need to have more EDMs and more real-time monitoring and reporting of those. It is a key part of our waste water regulatory reform programme to see those EDMs rolled out more broadly by NI Water and to have that near-real-time reporting. That is one of the key issues. We hope to make further announcements around that in the time ahead. It is reliant upon NI Water's installing the equipment and working with us on the provision of data. I am very clear that people deserve to have that data so that they know when it is safe to bathe.