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 Jennifer Carroll MacNeill:

I move amendment No. 32:

“Relationship status an aggravating factor

6.Where, in proceedings for an offence under this Act, the court is satisfied that— (a) the defendant and the person against whom the offence was committed are or were in an intimate relationship, and

(b) in the course of, or for the purposes of, committing any offence under this Act the defendant—
(i) made use of personal information, correspondence or records about the other person, being information or records that would, in the ordinary course of events, be known only to the other person or members of the family, or friends, of the other person, or

(ii) made use of any electronic device or software in order to monitor, observe, listen to or make or view a recording of the other person or his or her movements, activities and communications, without the other person’s knowledge and consent, the court shall take that fact into account as an aggravating factor in determining any sentence to be imposed on the defendant for the offence.”.