Helen McEntee (Meath East, Fine Gael) | Oireachtas source

We always need to be mindful of two different sentences potentially being applied or two different scenarios. I appreciate that we are talking about follow-on harm subsequent to significant harm that has already been caused. The applying of a civil order or a conviction for harassment or stalking is to protect somebody immediately. We want that to apply immediately and not at the end of a timeframe that has been given to be on a sex offenders register or otherwise.

If after the maximum period of time that behaviour is still continuing, there is nothing to stop that being extended either by the Garda or the individual themselves applying. If it is a civil order that is applied, then obviously there is nothing to stop them applying for a criminal order where potentially a higher sentence would be involved. It falls into the challenge between having to separate where somebody has been convicted of a specific charge, applying a separate charge and not conflating the two. A judge, in particular, must take into account any previous case and apply the maximum sentence, taking into account what has happened previously. It is not right to say it needs to be for the same period of time as the initial one when they are two different situations. They are different and they need to be applied in a different way. The sentences are different because of the severity.

There is nothing to stop a judge from applying sentences in the way the Deputy has set out, but we need to ensure that it is put in place immediately so that the victim is supported immediately. If it needs to be extended beyond that, there is nothing to stop a member of An Garda Síochána from looking for an extension without the victim themselves having to go through that process again. We have made it very clear that a garda may apply on behalf of the person so that they do not need to go through any court process or anything like that.