Martin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

The Criminal Justice (Miscellaneous Provisions) Bill 2022 is very welcome. It is clear to all of us that this legislation is coming from the pledge that we will implement a zero tolerance strategy, particularly in regard to violence, domestic violence, sexual violence and violence against women. It is very welcome in respect of that. Anything that can support victims of stalking, harassment and gender-based violence is, of course, welcome. I would also like to commend the many people who have advocated and worked so hard to bring this about and make it happen.

Evidence from across other jurisdictions indicates that once stalking is named as a criminal offence, as the Minister said in her address, it increases the reporting of that offence. It raises the awareness of people who may just think that person who is following them or whatever is harmless; they realise this is serious, has implications and is a reportable offence that has severe consequences for that person, which it should.

I was reading the work that was done, in fairness to the Library and Research Service, and the definitions of what we are talking about, which is following, watching, monitoring, tracking or spying upon a person. We are talking about pestering a person; impersonating a person; communications with or about a person, usually unwarranted or not required; purporting to act or communicate on behalf of a person; disclosing to other persons private information in respect of a person; interfering with the property, including the pets, of a person; loitering in the vicinity of a person; and causing, without the consent of a person, an electronic or communication information system operated by a person to function in a particular way. The detail of that gets into what this is about, which is a certain small minority of individuals act in the most devious way when it comes to undermining the very integrity of another human being. While some of the cases that have been in the media are about people who were strangers who were engaged in this, very often, unfortunately, it is not a stranger. Very often it is a person who is very close to the victim who behaves in this way. It is part of that coercive control type of activity that we have seen in the past which, thankfully, has been legislated for and there is work in respect of that.

The other aspects of the Bill are also welcome, particularly the aspects that increase sentences and the options for serious crime. That is valid and something that we want to see brought forward. We need to, and probably will, get into more details on Committee Stage as to the definitions of what all of that means. We always have to be conscious of unintended consequences and what can potentially go wrong in regard to all of this. We need to be very careful around that.

We have discussed before the difficulties faced by people who have been stalked and harassed but cannot obtain a restraining order because they did not fit into the narrow parameters of the Domestic Violence Act. This legislation is moving in that direction. I am glad to see that the Bill will allow victims to obtain these orders with the changes made by this legislation. Of particular use is the fact that the stand-alone offence of stalking will cover situations where victims find out about some or all of the stalking behaviour after it has happened – they do not have to know about it previously. Dealing with victims of stalking, we have experienced that it can be the case that they do not realise the lengths to which the stalker goes until they are middle of the Garda investigation.

Stalking behaviour absolutely destroys the lives of victims in many of these cases. The victim is often forced to move house and change jobs. In some instances, their families and friends also fall victim to this insidious behaviour. I am aware of cases where victims have been forced to pursue orders in the civil courts to prohibit stalking behaviour. Hopefully, this would mean that would not necessarily have to happen. Not only does this take an emotional and mental toll on the victim, but it also includes the added expense of legal fees that may limit the ability to take civil action in the first place.

The introduction of special measures within the courts to protect victims of stalking, harassment and non-fatal strangulation is also welcome because it will finally offer some protection to victims who have the abuser in court settings. I also am reminded of the particular measures in this legislation around strangulation and suffocation. That particular terror which is visited on a victim is something that, as the Minister mentioned, can often be hidden, is not something that is very obvious and does not leave marks as other instances of abuse may.

Those measures are welcome. We must ensure they are put in place properly. It is important to note that it is often the case that stalkers choose to represent themselves in a criminal prosecution just to continue the torment of the victim. That must be stopped.

I pay tribute to those in Safe Ireland and Women's Aid who have been a consistent voice for law reform in respect of stalking and non-fatal strangulation. In particular, the work of Women's Aid on the Too Into You campaign has assisted young people to recognise the signs of unhealthy relationships or coercive control, which, on many occasions, can also be symptoms of stalking and harassment. The work of Una Ring and Eve McDowell should be mentioned. As Deputies are aware, they have been pivotal in ensuring this legislation was brought forward and that it moves forward in a proper manner.

The Minister referred to the other aspects of the Bill. One part of it that needs to be examined closely relates to firearms. The Minister stated that she will be tabling amendments on Committee Stage in that regard. There is concern, particularly among those who are in the sporting field, in respect of a cap on the licensing of semi-automatic and centre-fire rifles and the regulation of firing ranges. We need to be cautious about this in order to ensure there are no unintended consequences. People who are engaged in that sporting activity are concerned that they not be in any way curtailed in pursuing it. We need to be careful and conscious of that in the context of the Bill.

The main focus of the Bill is on protecting the victims of very serious crime and ensuring that non-fatal strangulation and suffocation are brought into the legislation, as well as ensuring that we have laws that deal with these serious cases.

I will leave it at that. I hope we can get more into the detail of the Bill on Committee Stage, and I look froward to seeing the amendments the Minister will bring forward. There is a concern regarding the aspect I mentioned but, apart from that, the Bill is very welcome.

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