Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank the Deputy for his amendment and for the passion with which he spoke to the issue. I understand that the period in the amendment relates to the length of an order under section 10(4), which is being referred to as the no-contact order. Where a person is convicted of an offence under the newly amended section, the court may make an order requiring the offender not to communicate with the victim or approach his or her place of residence, employment or education. Such conviction-based orders are distinct from those under Part 5. The latter are civil in nature and do not require criminal proceedings to be taken. The conviction-based order may be imposed for such a period as the court specifies and there is no maximum period. Breach of such an order is a serious criminal offence and may be punished in the same way as the primary harassment or stalking offences would be. A maximum penalty of up to ten years' imprisonment applies.

These orders, while primarily protective in purpose, are imposed in addition to, or as an alternative to, other punishments. This is distinct from the sex offender notification, which is not viewed by the courts as the imposition of a criminal penalty. In determining whether to impose an order and for how long, the court will need to consider multiple factors. While the existence of a sex offender notification requirement would be relevant, other factors may also be relevant. The precise requirements of such an order may differ depending on the circumstances. As such, it would not be appropriate to determine a minimum period with reference to sex offences notifications, given that they are different and complementary processes.

However, the Deputy makes an important point. While I make a factual differentiation between the civil and criminal, it is particularly important that the interaction between civil and criminal orders be effective. This has to be about the victim's journey. As such, how the orders work and interlink is important.

Further refinements may be made in the Seanad. I am particularly conscious of the importance of ensuring that all parties, including local gardaí, are aware of the making of an order. While I am not in a position to support the Deputy's amendment for the reasons I have outlined, including the technical legal reasons, we will tease through this further in the Seanad. I have indicated our likelihood of reverting to the Dáil on other matters.

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