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 Brendan HowlinBrendan Howlin (Wexford, Labour) | Oireachtas source

I move amendment No. 1 to amendment No. 31:

In each place where "section 4 or 5" appears, to substitute "section 4 or 5 or section 10 of the Non-Fatal Offences against the Person Act 1997".

The Minister has addressed the issue at stake, which we have discussed at some length. This section deals with providing anonymity to victims of offences under the various sections. The Minister has agreed, in terms of the offences regarding intimate images and so on, that anonymity will be important because, basically, there would be an incredible barrier to people coming forward with complaints if they thought there would be a public discussion about personal images of them and they would be identified.

In the original proposal, I included victims of stalking and harassment in that level of anonymity as well. I believe there is a good case for that. I genuinely believe people, and I may be wrong to say so but I believe it is largely women, who are subject to online harassment and stalking should have the protection of anonymity if they wish to take a case. It would be a significant barrier to people reporting crimes of this nature, and having those crimes prosecuted, if they felt the level of harassment they endured would be a matter of public discourse and they would be identified in a court.

I fully accept the point that judges have discretion in these matters. I believe, however, the Oireachtas should signal that this, as a comprehensive Bill, would include each of the strands we are trying to cover in protecting people from harassment and an anonymity provision would apply here. I welcome the Minister's commitment to look again at this. I am interested in the views of other committee members on this point.

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