Oireachtas Joint and Select Committees

Tuesday, 8 November 2022

Select Committee on Justice and Equality

Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent)
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I will not dwell on the point now. I accept the point the Minister has made. It is progress that a member of An Garda Síochána may seek that extension. However, the reality is that the individual is effectively on tenterhooks from the minute the order is put in place because they are required to continually collate evidence if harassment it is going on. It is bad enough that the harassment is going on, but further trauma is involved for any individual who is exposed to harassment and then is required to go through the process of collating that and relaying it to a member of An Garda Síochána, their legal representative or whoever is collecting it for them. I am trying to circumvent that. I do not have a simple answer to it but if they get an order, they should not need to be continually wary and vigilant, and need to collate information and evidence to be presented to the Garda to get a further extension of this once the order lapses. In practical terms, even if the individual continues the harassment within probably six months of the lapse of that order, they will steer clear and the Garda will point out that he has behaved himself - it is usually a man - for the previous six months and wait to see what happens in the next six months. All of a sudden that victim is being revictimised which is what I want to try to avoid.

I will table the amendment on Report Stage. I do not have a simple answer for this, but I ask the Minister to give it serious consideration between now and Report Stage.