Séamus Healy (Tipperary South, Workers and Unemployed Action Group) | Oireachtas source

I move amendment No. 89:

In page 18, after line 3, to insert the following:
“Offences of threat, harassment, endangerment and false imprisonment
24. (1) In the case of a person who, without lawful excuse, makes to another a threat, by any means intending the other to
believe it will be carried out, to kill or cause serious harm to--(a) a woman as a result of her having sought to obtain or having obtained medical treatment under this Act,
(b) a medical practitioner as a result of his or her having provided or sought to provide medical treatment under this Act, or
(c) a third person involved in assisting or facilitating a person referred to in paragraph (a) or (b),if that person is found guilty of an offence under section 5 of the Act of 1997, the court shall take such conduct into account as an aggravating factor in determining any sentence to be imposed on him or her for the offence.
(2) In the case of a person who, with a view to compel another to abstain from doing which that other has a lawful right to do under this Act, wrongfully and without lawful authority--(a) uses violence to or intimidates that other person or a member of the family of the other, or
(b) injures or damages property of that other, or
(c) persistently follows that other about from place to place, or
(d) watches or besets the premises or other place where that other resides, works or carries on business, or happens to be, or the approach to such premises or place, or
(e) follows that other with one or more other persons in a disorderly manner in or through any public place,if that person is found guilty of an offence under section 9 of the Act of 1997, the court shall take such conduct into account as an aggravating factor in determining any sentence to be imposed on him or her for the offence.
(3) In the case of a person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses by persistently following, watching, pestering, besetting or communicating with--(a) a woman as a result of her having sought to obtain or having obtained medical treatment under this Act,
(b) a medical practitioner as a result of his or her having provided or sought to provide medical treatment under this Act, or
(c) a third person involved in assisting or facilitating a person referred to in paragraph (a) or (b),if that person is found guilty of an offence under section 10 of the Act of 1997, the court shall take such conduct into account as an aggravating factor in determining any sentence to be imposed on him or her for the offence.
(4) In the case of a person who, intentionally or recklessly engages in conduct which creates a substantial risk of death or serious harm to--(a) a woman as a result of her having sought to obtain or having obtained medical treatment under this Act,
(b) a medical practitioner as a result of his or her having provided or sought to provide medical treatment under this Act, or
(c) a third person involved in assisting or facilitating a person referred to in paragraph (a) or (b),if that person is found guilty of an offence under section 13 of the Act of 1997, the court shall take such conduct into account as an aggravating factor in determining any sentence to be imposed on him or her for the offence.
(5) In the case of a person who intentionally or recklessly without that other's consent--(a) takes or detains, or
(b) causes to be taken or detained, or
(c) otherwise restricts the personal liberty of--

(i) a woman seeking to obtain or having obtained medical treatment under this Act,
(ii) a medical practitioner seeking to provide or having provided medical treatment under this Act, or
(iii) a third person involved in assisting or facilitating a person referred to in subparagraph (i) or (ii),

as a consequence of that medical treatment, if that person is found guilty of an offence under section 13 of the Act of 1997, the court shall take such conduct into account as an aggravating factor in determining any sentence to be imposed on him or her for the offence.”.

I ask Deputy Boyd Barrett to speak to the amendment.