Lynn Ruane (Independent) | Oireachtas source

I am not a member of the committee and apologise for not being here for the opening statements. I became aware of the topic quite late and, as such, it was a bit of a last-minute dash. I thank the committee for allowing me to contribute.

I am motivated to come here by two particular cases, namely, that of Dara Quigley and that of Jacqueline Griffin.

I have specific questions which are directed at all the witnesses. One of the questions has in some way been answered in terms of the Non-Fatal Offences against the Person Act. What do the witnesses think of Deputy Howlin's proposed legislation? Alternatively, to they believe we should look to the Non-Fatal Offences against the Person Act? I also refer to the amendment suggested by Dara's mam, Aileen Malone, on not including a requirement concerning intent to cause distress. There is a huge onus on the individual or family to prove the intent of somebody else to cause distress. In terms of the question concerning the Non-Fatal Offences against the Person Act or Deputy Howlin's legislation, how do the witnesses feel about moving away from revenge porn and creating another form of offence that does not specify that requirement on an individual? I am not sure how many members are aware of Jacqueline Griffin's case concerning the sharing of her decapitated remains following her death on the M50. She was a family friend of mine and her brother is one of my closest pals. Because I know the distress and harm that caused to the Griffin family, I asked for their consent before I raised Jacqui's case because I watched the absolute horror that family faced. I sat with him while he begged me to tell him the truth on whether I have seen that image, where it is and if it is still online. It was absolutely horrific. How do we begin to move, in the legislation and in the development of policy, to also include and have a conversation about giving consent when somebody is no longer alive to give it? Paul asked me to contribute on his behalf this morning. He sent me a few lines to read which I will paraphrase. He says it better than I can.

Jacqui wasn't alive to consent to the sharing of her decapitated remains all over social media. Just because her accident happened in a public place should not mean that she does not have a right to privacy and dignity. The damage that this caused our family has destroyed our faith in humanity. It goes beyond the initial trauma of just seeing the image, but has completely destroyed our emotional well-being. Everyday life is impossible. Everything from travel, work and even our own ability to have an online presence.

How can we begin to legislate for that? We are very aware of who shared that image and I wonder what should be the criminal sanction on somebody that records somebody's death and something so horrific. The online platforms acted as quickly as they could when we tried to intervene at the time. How can we create legislation to deal with the recording by an individual of someone's death and is that an area that has been examined in the context of causing of harm? Obviously the person in question is no longer there to take the case. Can the case be taken on behalf of the family and due to the impact on the family? What is the legal position in terms of that family being able to pursue something? I wonder if that could be part of the conversation.