Oireachtas Joint and Select Committees

Tuesday, 1 December 2020

Select Committee on Justice and Equality

Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

I will comment on amendments Nos. 1 and 2 initially. I do not believe that such a change is necessary or required because the Title, that is, Harassment, Harmful Communications and Related Offences Bill, encompasses most of what the Bill tries to do. Sometimes, if one gets too prescriptive, one does not widen the base but narrows it. Given the fact that this legislation is specific to image-based content, I understand the reason for this. However, as the Deputy said, there is an amendment to delete this section and insert it later in the Bill. Again, that is a stylistic approach. It is a technical amendment allowing for the relocation of the Short Title to the end of the Bill.

This is the drafting style used by the Office of the Parliamentary Counsel for Bills that are not set out in individual parts. The Short Title and commencement provisions are contained in the amendment, creating a new section 19 retaining the original Short Title.

It is normal practice when drafting criminal legislation to include the commencement provisions. This means the law does not enter into force immediately when signed by the President. A commencement order will need to be signed by the Minister after the relevant criminal justice agencies have been notified of the enactment and given time to establish whatever new procedures are required to implement it. I accept that this may be brought in on Report Stage later. It is, therefore, something I am willing to, perhaps, consider later as part of the amended section.

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