Oireachtas Joint and Select Committees

Wednesday, 18 January 2023

Joint Oireachtas Committee on Health

General Scheme of the Health (Termination of Pregnancy Services (Safe Access Zones)) Bill 2022: Department of Health (Resumed)

Ms Caitriona Mason:

The penalties are set out in head 8 of the general scheme. I do not think there has been any real deviation from that in terms of the drafting other than in respect of head 6. Another point the Garda made about the original head 6 was that, because we were treating it as a summary offence, the Garda would not have the necessary powers of investigation. The fact it would be covered now by section 10 of the Non-Fatal Offences Against the Person Act and, eventually, by section 23 of Criminal Justice (Miscellaneous Offences) Bill would increase the penalties for that offence up to, I think, seven years, potentially, on indictment for a first offence. That makes it an arrestable offence, which gives the Garda the necessary powers of search and arrest to investigate it. That was one of the other considerations in using the existing law for harassment. However, I do not think we have deviated from the penalties set out in the general scheme. They are contained in head 8 of the general scheme.

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