Results 12,921-12,940 of 16,608 for speaker:Helen McEntee

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: Amendment No. 47 comprises a new section which I am proposing to insert in the Domestic Violence Act 2018. It will deal with the two new offences created for harmful images.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: I move amendment No. 15 In page 4, between lines 33 and 34, to insert the following: “Distributing, publishing or threatening to distribute or publish intimate image without consent with intent to cause harm or being reckless as to whether harm is caused 4. (1) A person who distributes, publishes or threatens to distribute or publish an intimate image of another person— ...

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: These were terms that were agreed upon following engagement with the relevant stakeholders and individuals. The language is broad enough to encompass all variations relating to an individual who may have come to harm. There are proposals to include some other types of language as well. However, we were informed that this wording is broad enough to cover what is required. It is similar to...

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: I think it would be in the same way-----

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: It is there since the 1997 Act. There is a proposal with regard to good name but we are told it is also covered under the definitions as supplied.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: There is a test referenced earlier in the legislation on what is deemed "recklessness" or something that "seriously interferes". We are trying to highlight that this is a serious issue, which is why we are making it a criminal offence. My understanding is there are tests that have to be adhered to in terms of interpreting the impact it has had, and taking into account the language being...

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: I do not think there is any objection to seeing whether we can remove it or deal with it at a later Stage. I do not think the intention is to try to create a barrier and make it more difficult for anybody. It is just language, as the Chairman has outlined, that is there and is used at present. If there is a sense it could cause a problem I am happy to look at whether we can remove it.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: The feeling on this is that if we place too much of a cumbersome onus on consent and having to define it, it will create more of a challenge and that it is easier without it. The definition as was included in the sexual offences legislation is quite specific in terms of people being asleep or where there clearly is not consent, which does not really apply in this instance. We would be...

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: This does not mention intent because it takes it out of the section itself, which means there is no need to indicate whether there was intent. This also covers upskirting and other elements that have been raised as issues and problems.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: I need to clarify this with regard to my comments earlier, to be 100% certain about how the holding of images is clearly defined in this. Perhaps I can come back to the Deputies. The fact there is an image on someone's phone, whether or not it is intentionally stored, means it is stored. I want to get absolute clarity for Deputies on this before we finish.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: It is not and the amendment does not create an offence by this provision and it does not appear elsewhere in the Bill. It is not something that could be dealt with based on this amendment. Separate to where somebody sends images and it turns into a form of harassment, which is covered under the harassment element of the legislation, somebody sending a picture is not covered in this, and,...

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: Again, this is language used in other legislation. It is from previous legislation. I know there are proposals in terms of different types of wording, but much consultation was done and there was engagement with stakeholders to look at this language and make sure it covers everything it needs to cover. We are informed that it does.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: I am not sure if that is something that can be included. Perhaps it would be taken as part of what is proposed in this section anyway, if it were to be interpreted in that way by a judge or somebody else based on what is currently in amendment No. 27.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: I can look at it further based on what the Deputy is proposing.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: It is just a one-off. I suppose that is why there is a concern. If somebody sends one message with no real intent to cause harm, but it obviously does cause harm, he or she could essentially be prosecuted for sending one message where there was no intent. It is not intended to cover the persistent sending of messages. It is just one.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: No. This is one that would cause many problems.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: I move amendment No. 31: In page 6, between lines 10 and 11, to insert the following: "Anonymity of victim of offence under section 4* or 5** 6. (1) Where a person is charged with an offence under section 4* or 5**, any person who publishes or broadcasts— (a) any information, (b) a photograph of, or a photograph that includes a depiction of, the alleged victim of the...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: My understanding is that they come directly from that office to mine. I do not know whether the Attorney General sees them. These five expressions of interest dated from as far back as 2017 to as recently as June of this year, which, obviously, the former Attorney General would not have been privy to. I understand, again, they go directly from the Office of the Attorney General to mine....

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: The process is what it is. As I said, it has changed. The names go to the Office of the Attorney General. Regarding the legislation, the JAAB may recommend the Attorney General for appointment to judicial office. It is clearly stated that this is allowed. As I have said, we all believe that the current process and legislation should be updated, which I am working to achieve. The...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: If I may respond to the last comment-----