DUP MLA lodges complaint over Stormont's children's tsar's failure to answer questions on teenage victims' rights
A DUP MLA has lodged a formal complaint over the Children’s Commissioner’s refusal to answer questions about his organisation’s belief that rapists and murderers under 16 should not be prosecuted, and the impact that could have on young victims.
Peter Martin says he has had “no success” in his attempts to get Chris Quinn, charged by Stormont with upholding the rights of children in Northern Ireland, to set out his position.
Mr Quinn’s office, the Northern Ireland Commissioner for Children and Young People (NICCY), is one of a number of statutory bodies and charity sector organisations who have lobbied for a law change to prevent any child under 16 being prosecuted in any circumstances.
The issue gained prominence earlier this year when the Alliance Party proposed raising the minimum age of criminal responsibility (MACR) to 14, with exceptions for extremely serious crimes like rape and murder.
That failed last month, after the DUP – backed by the TUV and a number of UUP MLAs – lodged a petition of concern to block it.
In May, the commissioner came under scrutiny over his position, which was only supported by one MLA in the Assembly. He stood by it – but avoided answering questions from the News Letter about the right of young girls to have justice for serious sexual crimes.
Mr Martin, a DUP MLA for North Down, also sent the equality tsar a series of questions about his position.
These included whether he believed girls under 16 “possess an equal right to criminal justice when they are raped by boys under 16” – and how the commissioner would “seek to reconcile this” with his position on MACR.
Mr Quinn said the questions were “based on a misunderstanding of our position”. In another letter to Mr Martin he described media reports as the “the assumed position” of NICCY.
“Neither I nor my office wrote the publications in the Newsletter... For clarity, those representations of my views do not match the position taken by me or my office in this incredibly complex matter”, he said.
The NICCY chief had been sent a series of questions from the News Letter, including asking why his organisation would adopt a policy which would elevate the rights of male perpetrators over the rights of young victims to obtain justice.
In response, Mr Quinn did not directly answer the questions but said his policy “is based on evidence that responses focused on early intervention, accountability and rehabilitation are more effective at reducing reoffending and preventing future victims”.
He added: “NICCY are a member of the Ten is Too Young Coalition. We, collectively support that [MACR] must be raised, with no exceptions”.
In response to questions from Mr Martin, Chris Quinn said “much of the framing of this debate” was not “grounded in the best interests of victims” – and had “caused distress to those who have experienced abuse and been the victims of heinous crimes”.
When the News Letter contacted NICCY seeking a response to Mr Martin’s comments, the organisation said it would not be possible to provide comment as the Commissioner is currently on leave.
Peter Martin told the News Letter: “It is very disappointing that the Children’s Commissioner refused to answer some of my very straightforward on MACR despite adopting a clear public stance on the issue. Mr Quinn’s position, in effect, would mean all young people under 16 would not be capable of committing any criminal offence.
“I asked him how he could justify a position that states that boys under 16 could not be prosecuted for rape and the concurrent message this sends, especially as we struggle with violence against women and girls.
“Unfortunately Mr Quinn either couldn’t or wouldn’t answer that or, in fact, any of my questions”.
The North Down MLA added: “I wrote to Mr Quinn twice trying to establish why he held these views and how he justified them with no success. I wrongly thought that someone in a role so senior with a budget of £1.5m and 25 staff could provide me with a few paragraphs explaining his position but no. I have now lodged a formal complaint against the Children’s commissioner”, he said.
In his correspondence with Mr Martin, the NICCY chief said the [Ten Is Too Young] Coalition met with the DUP’s justice spokesperson Paul Frew MLA, to outline the “fundamental changes that we think are needed”.
These included a “welfare-based, health and social care response with structured interventions, supervision, therapeutic input, and restorative approaches where appropriate”.