Black Lives Matter rally and disparity in fines in Derry and Belfast raised with Justice Minister Naomi Long

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The handling of a Black Lives Matter protest in Derry at the weekend was raised at Stormont this afternoon with Foyle MLA Mark H. Durkan asking why 57 fines and community resolution notices (CRNs) were issued in Derry compared with just 11 in Belfast.

Justice Minister Naomi Long was asked about the proportionality of the policing of the demonstration in Guildhall Square on Saturday.

She said people who received fines should pay them.

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"Does the Minister concur with me that there certainly seems to be disproportionality and inconsistency in an approach that saw the issuing of 11 fines and community resolution notices in Belfast and 57 in Foyle, where attempts were made and adhered to by the vast majority of those in attendance to ensure social distancing and where masks, gloves and hand sanitiser were provided?

Participants in the Black Lives Matter protest in Derry on Saturday.Participants in the Black Lives Matter protest in Derry on Saturday.
Participants in the Black Lives Matter protest in Derry on Saturday.

"Does the Minister share my view that it would not be in the public interest to pursue prosecutions?" asked Mr. Durkan.

Mrs. Long replied: "Most of the issues that the Member has raised are not matters on which I am willing to comment. I cannot judge the policing operations in Belfast and Derry.

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"I cannot compare the two. I was present at neither. It would be inappropriate for me to comment on whether the policing was proportionate, because I do not know in detail the actions that they took on the ground on that day, what advice was issued, what guidance was given to organisers or what response they were met with. It would be completely inappropriate for me to comment on what are operational matters.


"If the Member has genuine concerns about proportionality, I am sure that his colleague will take it up on his behalf with the Policing Board, or he could refer them to the Police Ombudsman for consideration.

Several hundred people took part in the Black Lives Matter at the weekend.Several hundred people took part in the Black Lives Matter at the weekend.
Several hundred people took part in the Black Lives Matter at the weekend.

"However, to be clear, people who do not pay fines break the law. It is incumbent on me, as Justice Minister, to uphold the law. Therefore, I say that those who have been fined have 28 days to appeal the notice and, if they are unsuccessful in their appeal, should pay the fine, because that is the law. I have no scope for flexibility in that regard.

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"I want to be clear on the wider issue and on whether people used hand sanitiser, masks and social distancing: all of those are supplementary to the regulations as guidance. They are not a replacement for the regulations and do not absolve any of us of our responsibilities to obey the law."

The Justice Minister said she understood the strength of feeling people had over the death of George Floyd in Minneapolis and that racism needed to be eliminated in the north.

"I fully understand the strength of feeling that exists about what happened to George Floyd. It has been a powerful catalyst in reminding us all not just of our responsibilities internationally but, I would hope, of our responsibilities personally and individually when it comes to combating racism, both individual acts of racism and the wider and more systemic racism that exists in our society. It is important that people not only protest but take positive action to address those issues.

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"I am somebody to whom civil liberty matters a lot. I believe that people's right to protest is a fundamental part of living in a democratic society and that the right to peaceful protest is one that we should not give up easily.

"In the current circumstances, however, it is not appropriate for large numbers of people to gather. There are many ways that we can raise our voices in solidarity with the BAME community in Northern Ireland. I hope, going forward, that we will not only raise our voices but put our shoulder to the wheel and make a real difference," she said.

The minister also stressed that the the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020 were brought forward in March in response to the 'serious and imminent threat to public health posed by coronavirus.’

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She said Regulation 6 restricted gatherings in public places during the emergency period.

The Justice Minister said many groups had cancelled demonstrations since then.

"I also respect the fact that many people have made sacrifices, many of them voluntarily, by cancelling huge events that are important to them and by delaying protests and other things that they wished to hold.

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"We know, for example, that the Pride organisers will not go ahead with their event in the current circumstance; the Orange Order has taken a very progressive stance in cancelling the large parades on 12 July; the St. Patrick's Day events did not go ahead; and Easter Sunday commemorations in the republican community did not go ahead.

"Everyone has made a contribution. We need to focus on this: the vast majority of people in Northern Ireland are abiding by the regulations and are doing so not out of fear of police action but because of the desire to defeat a virus that puts our health service under pressure and has the ability to rob them and their family of their lives. I commend them for what they do in voluntarily complying with the regulations," said the Alliance Party leader.