Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

I welcome this Bill as finally, it sees real and proper movement on the third national strategy on domestic, sexual and gender-based Violence. For too long there have been gaps in our legislation that have failed many people over the years. I am grateful to see that the provisions of this Bill are seeking to address some of those shortcomings.

One of the provisions of this Bill is to provide a legal basis for the stand-alone offence of stalking and the amendment of the current offence of harassment. It also provides for court orders restraining stalking behaviour, alongside protections for victims during the court process. It cannot be over-emphasised how important this is for those who have been victims of these offences over the years. At present, stalkers are charged by An Garda Síochána with intimidation or on similar grounds but no specific legislation exists for stalking. Campaigners have brought attention to how insufficient this is in dealing with the offence that is frightening beyond belief and can take away any sense of autonomy on the part of the victim.

We have heard how the effects of this can stay with the victim, even if it is a single incident or if it is done multiple times. Victims of stalking have to change nearly every aspect of their lives. There are cases in which victims feel they have to suffer in silence, such is the nature of stalking and the impact that it has on those who are subjected to it. Family life, routine, and a range of other elements of life that we all take for granted are affected and the mental turmoil it inflicts upon those targeted is unspeakable. Stalking is like imprisoning the target with invisible walls.

I also wish to acknowledge the work done by campaigners Una Ring and Eve McDowell for bringing stalking into sharp focus. This is what those who carry out this offence hate; their crime becoming public knowledge or being addressed publicly, when what they rely on is a campaign of terror or surveillance that is carried out silently. But these campaigners also shone a light upon the inadequacies of the charges faced by their stalkers, which were not strong enough to reflect the impact of their actions; nor were their sentences. This then is an important Bill when it comes to stalking, as it covers any conduct that either puts the victim in fear of violence or causes the victim serious alarm and distress that has an adverse impact on their usual day-to-day activities.

In terms of its effectiveness, we just have to look at the UK where, once stalking was named as a criminal offence, the perceived power of he stalker was broken. No longer could they rely upon the terror they were inflicting to keep their victim silent. This is evident from the visible increase in the reporting of that offence to the authorities. A route was there to break the hold of the stalker.

Finally, I want to recognise and commend the inclusion of special measures that will prevent an accused person from confronting their victim in court. Again, this seeks to sever the campaign of intimidation being carried out by the stalker which could, if left unaddressed, continue into the court room.

I welcome this Bill.

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