Denis Naughten (Roscommon-Galway, Independent) | Oireachtas source

I wish to raise an issue regarding this section with the Minister. I apologise that my Committee Stage amendments were late. It was meant to be next week and then it was brought forward to this week and I missed the deadline for submission. I will, however, be submitting amendments to sections 7 and 10 on Report Stage of this Bill.

As the Minister knows, during the discussion we had on the Sex Offenders (Amendment) Bill 2021, I tabled amendment No. 27 to that legislation concerning the harassment of victims for which a perpetrator was already charged, convicted and had served their sentence. We are both aware of a particular case regarding persistent harassment. The difficulty is that under the proposed Sex Offenders (Amendment) Bill 2021, post-release orders will not be able to address the issue of persistent harassment. I know it is the Minister's intention, through section 13 of this Bill, to try to address this issue. At present, there is no way the victims can be protected from secondary or repeated victimisation, intimidation or retaliation by a convicted offender.

While I welcome section 13 of this legislation, there are weaknesses in it. I ask that the Minister consider my proposed amendments in advance of Report Stage in this regard. My first suggested change is that if the proceedings associated with the original conviction were held in camera, then any prosecution or proceedings in the context of harassment, regarding someone who has been already convicted, must also be held in camera. As the Minister is aware, proceedings regarding sexual offences are held in camerato protect the identity of the victim. The offender's name and details are not released for this reason. If under the harassment legislation, however, these proceedings are not held in camera, then we are effectively closing off the opportunity for any victim of a sexual offence to go before the courts and get protection in this area. The point I am making to the Minister, therefore, is that if the original proceedings and conviction were held in camera, then proceedings in the context of harassment legislation must also be held in camera.

My second suggested amendment to the legislation that I ask the Minister to consider concerns the maximum sentence provided for in respect of an order under section 13. This sentence should be able to comply with any order that has already been placed under the Sex Offenders (Amendment) Bill 2021 in respect of a term that an individual has an order for under that legislation or must comply with the sex offenders register. It would be important, therefore, that any order in respect of harassment would run in tandem with previous orders already made concerning the length of time an individual must remain on the sexual offenders register or regarding other orders made at the time an individual was convicted or subsequent orders made under the new sex offenders legislation, when it is enacted.