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 Jennifer Carroll MacNeillJennifer Carroll MacNeill (Dún Laoghaire, Fine Gael) | Oireachtas source

I absolutely accept what the Minister is saying. The difficulty with the phrase is, of course, that it is a subjective test as to how it impacts on a person. One of the consequences of this type of offence is that people do not necessarily want to admit it has had a serious effect on them. If that is the threshold for reaching a prosecution or getting a conviction, it will be difficult. This may have happened to me without me asking that it happen and I do not want to concede it has had a serious impact. What does that mean anyway and how do I prove it has had a serious impact or an impact on my relationship or my peace of mind? People have different thresholds for what interferes with them. This has a different impact on different people. I hope I am expressing myself properly. I appreciate the definitions in the 1997 Act but from the victim's perspective perhaps the word "serious" will create a barrier to making a complaint or complaining at a sufficient level for it to be heard. It is a barrier for victims. It may not be something that can be addressed within the timeframe but it is something that has to be looked at from a victim's perspective overall.

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