Martin Conway (Fine Gael)
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Our second Commencement matter is in the name of Senator Lynn Boylan.

Lynn Boylan (Sinn Fein)
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Is Deputy Fleming taking my Commencement matter?

Martin Conway (Fine Gael)
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Yes.

Lynn Boylan (Sinn Fein)
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I thank the Acting Chairperson and cuirim fáilte roimh an Aire Stáit.I would like to raise an issue that was brought to my attention by the Irish actor and producer, Áine O'Neill. It is about her experience in Las Vegas in November 2022. Late one night, her phone pinged and she was notified that she was visible to an Apple AirTag. The latter was able to see where she worked, where she parked her car and everywhere she had been that evening. After investigating if she had happened to pick up somebody else's belongings by mistake, she realised that the tag was inside her car. It was placed in a location so as not to be found; it was not in an accessible place. It was not placed there by accident. Despite going to two different garages, neither mechanic could remove the AirTag without carrying out significant dismantling of the car. She had also called the police but got very little help. She was also advised to contact Apple, the manufacturer of the AirTag. Apple said they could not disable the AirTag unless she physically had the tag herself. Such was the impact and stress of getting constant notifications on her phone that she was visible to somebody else's tracking device, she ended up having to leave her dream of living in the US and return to Ireland. She is now pursuing a class action against Apple with the US lawyer, Gillian Wade.

I want to ask the Minister of State if it is possible that the same thing could happen here in Ireland. These products are readily available. In Britain, the use of trackers such as Apple AirTags in coercive control and stalking cases has increased 317% in the past five years. There is little to suggest that the statistics would be very different in Ireland. We passed stalking legislation recently, which was very welcome. However, the concern is whether Apple AirTags or other similar devices are being captured sufficiently by the legislation. I know it is against the law to use a tracking device without somebody's knowledge or without their permission. The problem is that the safeguards that are put in place by the likes of Apple would not put me resting easy at night. For example, those like myself who have Android phones will not get notifications that they are in the area of an AirTag. We actually have to download an app to receive notifications that we are being detected. Apple admits that you cannot disable the AirTag unless you physically find it. If what happened to Ms O'Neill happens here, if someone deliberately hides an AirTag inside a person's car or belongings, the person will not be able to disable it unless they physically have the tag.

Are we doing enough to regulate the use of these devices? What is the Government doing to raise awareness and let people know that they have to download an app if they are Android users? If your phone is an older model, there is nothing you can do to detect an Apple AirTag. Is there training for the Garda on what to do if somebody contacts them to say they are being tracked by an AirTag and they cannot find it? If they do find it, are they being told to destroy it when, in fact, it could be evidence in a future case? This is an area we need to look at. I want a reassurance that it is on the agenda at the Department of Justice and that we have legislation in place that is fit for purpose. Are there any plans to carry out a public awareness campaign to let people know these devices are out there and are being used by domestic violence abusers and stalkers?

Seán Fleming (Laois-Offaly, Fianna Fail)
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On behalf of the Minister for Justice, Deputy McEntee, I thank Senator Boylan for raising this matter. I assure the Senator that the Minister and colleagues in government recognise stalking for the serious offence it is. Stalking is a crime that not only undermines the fabric of our society, it also infringes upon the safety, dignity and freedom of victims. We are aware that this is an extremely serious and intrusive act that causes devastating psychological effects. The tactics employed by stalkers are designed to instil fear in and exert control over their victims and can be a precursor to acts of physical violence. Stalking is a violation of basic human rights and we have zero tolerance for it in our society.

The Government has demonstrated this determination to ensure our laws and policies provide robust protection for those who fall victim to it and has implemented measures to address this carefully.Last November the Minister for Justice, Deputy McEntee, announced a range of new criminal offences that came into effect under the Criminal Justice (Miscellaneous Provisions) Act 2023, which includes provisions aimed at improving the legal framework for tackling stalking. The introduction of the new stand-alone offence of stalking with a maximum sentence of up to ten years forms part of the Government's zero tolerance approach to domestic, sexual and gender-based violence and fulfils a key action in the third national strategy in this area. Although stalking was already illegal, we have strengthened and highlighted the applicable legal framework through this stand-alone offence, defined in terms of causing either a fear of violence or serious alarm and distress that has a substantial impact on a person's day-to-day activities.

In addition, under the legislative changes introduced the scope for the existing harassment offence is widened to include any conduct that seriously interferes with a person's peace or privacy and causes alarm, distress or harm to them. A wide list of possible acts is included, such as communicating, impersonating, and interfering with property or pets and so on. This list is not exhaustive and the overarching principles of the legislation may apply to the use of electronic tagging devices like AirTags in the context of stalking.

The Criminal Justice (Miscellaneous Provisions) Act 2023 also provides for the making of civil orders restraining stalking-type behaviour. These orders form an important first step in addressing stalking behaviour and in protecting victims as they do not require the level of proof associated with criminal offences.

With regard to engaging with technology companies on ensuring safeguards are built into such devices, and the companies' reaction to the concerns raised, the Minister, Deputy McEntee, will raise this with her colleague in the Department of the Environment, Climate and Communications, the Minister, Deputy Eamon Ryan. They will also examine if more can be or needs to be done in this space, including looking at whether it is a technological fix, a co-operative approach or legislative change that is needed to make sure companies engage on this issue and can react to ensure their technology is not abused in any way.

Lynn Boylan (Sinn Fein)
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I thank the Minister of State for the response but it does not reassure me very much at all. For example, we cannot say that the use of electronic tagging devices like AirTag definitely apply under the legislation; rather, they may apply under it. I welcome that the Minister, Deputy McEntee, will raise this with her colleague the Minister, Deputy Ryan, but this confirms that the issue has not been on the radar of the Minister for Justice with regard to stalking and the use of these devices. As I have said, if their use has increased by 317% in the past five years in our nearest neighbour, it is more than likely they have increased by the same amount in this jurisdiction as well. I find it concerning that this has not been on the radar of the Minister for Justice but I welcome that she is giving a commitment to reach out to the Minister, Deputy Ryan, to deal with this.

I would urge against using the so-called co-operative approach with these technology companies because we know where that gets us. Apple was warned about the potential for stalking with these devices before it released them onto the market and it is now trying to catch up and put in place measures. Self regulation of these types of companies never works.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I again thank the Senator for raising this matter and for the further elaboration in response to my opening statement. We will continue to treat stalking with the gravity it demands and we encourage all victims of stalking to report it to An Garda Síochána. Offences now carry potential sentences of up to ten years. Some of these offences had previously only carried sentences of five years but they were doubled and came into effect for offences since 1 November last year. It is something the Garda treats very seriously.

Across government we are committed to creating a system that allows victims to feel comfortable in coming forward and to know they will be supported and protected. I must compliment the Garda in this area, especially since Covid. The issue of sexual abuse and domestic abuse really went to the top of the radar because so many people were at home at that time. I am aware that for the gardaí in my own area, domestic abuse issues were the first ones to be dealt with. People often complain to me that if there was a crash or their house was being broken into the gardaí would go to scenes of domestic violence first. I actually take that as a great credit to the Garda and it is still its priority. It is the first thing gardaí will actually do.

The issue of technology has to be dealt with. It is so pervasive and is everywhere in our lives. It even affects us when driving in our cars. I often wonder how the various map systems can tell us where there is a red spot indicating traffic delays on a road.I gather it is done through all the technology on the phones in the region, so it is known where there is a pile-up. Every movement is being tracked and, as a result, we need tighter controls in this area.