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

Looking at the legislation that currently exists, the language in the Non-Fatal Offences Against the Person Act 1997 is quite a strong definition of harassment that covers stalking as well. What we are trying to do here is strengthen that even further by amending this legislation so harassment is not just to a person but about a person, and where there is a particularly severe element, or where it is of a persistent nature, the maximum penalty increases from seven to ten years. In terms of creating a new offence, there is a feeling that what is currently there is very good and this will only strengthen it. Creating a new stalking offence will not change or improve things, given what is already encompassed in the language around harassment. In previous cases, judges have given decisions under harassment law but have referred to it as stalking, so it is already happening that stalking is being connected with harassment legislation.

In the engagement with members of the Garda Síochána, it is very much their view that what they have is strong enough. What we are proposing is to strengthen the harassment piece. In the language that has been used to date, stalking is very clearly understood to come under the harassment element. I am not sure that creating a new stalking offence would improve or help things any further. Again, I understand the intention but what we are being told is that it is not necessarily needed.