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
Deputy Helen McEntee:
I propose to delete this section to remove the extraterritorial jurisdiction provision contained in the Private Members' Bill as introduced. Detailed policy discussion with the sponsors of the Bill highlighted that the intention behind this section is to ensure that there would not be any issues with prosecutions in Ireland due to the location of servers in other jurisdiction. So, for example, there might be an excuse that material was on a server in Dallas, France or wherever else it might be. The intention behind the section was not to claim extraterritorial jurisdiction over citizens or residents abroad and it does not do so. As a result, I am satisfied that there are no issues with prosecuting in Ireland where somebody has been harmed or where the offence has been committed in Ireland. I know that was the initial intention of this section and after further discussion with Deputy Howlin, he has agreed to remove it. Once the crime is committed here, it is not needed.
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