Minister for Justice Naomi Long MLA has announced plans to bring forward proposals to make upskirting a specific criminal offence in Northern Ireland.

She confirmed the move in response to an Assembly question by Rachel Woods MLA of the Green Party, and hopes to have legislation in place early next year, a move called for by, amongst others, the judge dealing with the case of then Enniskillen teenager, Timothy Boomer.

Although he upskirt-filmed two of his teachers at Enniskillen Royal Grammar School, he could not be prosecuted under this as no law existed and was instead charged with outraging public decency.

Even Boomer’s defence accepted: “An identifiable need for a change to the current unsatisfactory state of the law”.

Upskirting is defined as the invasive practice of taking images of a person underneath their clothing and without consent.

It was already a specific offence in Scotland, then followed by England and Wales in April 2019.

When concerns were first raised by his victims, both of whom taught him at Enniskillen Royal Grammar School, police investigated and sent a file to the Public Prosecution Service (PPS), but a decision was issued not to prosecute, contending the activities reported did not constitute an offence in criminal law.

It was held the teachers involved: “Were not observed doing a private act and therefore the evidential test in respect of the offence of voyeurism” was not met.

On review, the teenager was prosecuted for alternative charges. He did not dispute the facts, but denied his conduct amounted to criminal activity.

It was argued there is currently no actual offence of upskirting in Northern Ireland and while he accepted “an identifiable need” for law around this activity, maintained the prosecution were “trying to shoehorn the facts of this case into the current unsatisfactory state of the law”.

District Judge Michael Ranaghan convicted on all counts ruling the images were “lewd, obscene and disgusting”.

In the aftermath, teachers union the NASUWT began lobbying for a change in the law.

In a 12 page written ruling, the judge was: “Mindful of the absence of a specific statutory offence covering the act of upskirting using a mobile phone in this jurisdiction. The common law offence has existed from a time when modern day technology, required for such an offence, could not have been envisaged. The Law Commission report, referred to above, and more recent developments in England and Wales, clearly demonstrates the need to update the statute book to cover advances in technology. It is also clear that the common law offence has been successfully prosecuted in cases were mobile phones etc. have been used to take upskirt images”

The Minister has confirmed she is in the process of drafting proposals which are due to be placed before the Assembly in January 2021.