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 Thomas Pringle:

I move amendment No. 35:

In page 6, between lines 33 and 34, to insert the following: “Summary proceedings: no time limit

9.Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted at any time from the date on which the person against whom the offence was committed became aware of, or should reasonably have become aware of the offence.”.

This amendment is self-explanatory. It removes the time limit for convictions under the Act and states that there is no time limit. The test should be as soon as the victim becomes aware of the offending image being used. That might not necessarily happen within the time limit of two years from the offence taking place. An image could be shared for two-and-a-half years before the victim becomes aware of it. As I read the Bill, that means that it could not be prosecuted from that point on. I want to make sure that the victims will always be able to have a comeback if they discover that the image has been shared.

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