Helen McEntee (Meath East, Fine Gael) | Oireachtas source

These amendments provide for further enhancements to the stalking and harassment measures in the Bill. Amendment Nos. 8 and 10 complement the provisions around non-contact orders which may be imposed as a result of a conviction for stalking and harassment offences. They will ensure that such orders are properly notified and provided in writing to the relevant parties, including the alleged victim and local gardaí. This facilitates the enforcement of the order and, of course, a potential prosecution for breach.

Amendment No. 9 provides for restrictions on the publication of the identity of alleged victims of harassment and stalking offences under section 10 of the 1997 Act. It provides that it is an offence to publish or broadcast information, photographs, depictions or representations of physical likeness which would likely lead to identification of the alleged victim. Harassment and stalking offences tend to involve a serious invasion of a person's privacy, and there is a high risk that publication of the victim’s identity may subject the victim to further distress as well as secondary or repeat victimisation.

Amendment No. 17 introduces a similar provision for cases involving the breach of a section 28 civil order. It places restrictions on the publication of the identity of both the complainant and the defendant in such cases. This mirrors the provision in place in relation to breaches of orders under the Domestic Violence Act 2018.

Amendments Nos. 13, 15 and 16 provide for the making of civil restraining orders under section 28 on an urgent basis. They allow for a short-term order to be made ex parte, that is, without notice to the respondent, where there are reasonable grounds to believe that there is an immediate risk to the safety and welfare of the applicant. An order made ex partewill be valid for up to eight days. This allows protection to be put in place immediately while placing the respondent on notice. Orders will be also be available where an application is made on notice but is not immediately determined. This allows the court to make a temporary order pending the determination of the application.

If we take all of these together, these orders will ensure that urgent relief is available where it is needed as victims may be provided with an immediate order safeguarding them from any ongoing behaviour as they await a final determination of their section 28 application. These provisions on the restriction of identification will also be an important safeguard for victims in these types of cases. The restrictions provided may be waived by the alleged victim, or may be disapplied by the court where it feels it is appropriate.

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