Results 3,741-3,760 of 15,389 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: For the information of members, I am referring to is section 4 of amendment No. 14, parts (b) (i) and (ii) with reference to the relationship between the defendant and the fact that they would have to have "made use of personal information, correspondence or records about the other person,". The sense is that this is too prescriptive and makes it more difficult as one has to prove all of...

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

Helen McEntee: Yes, it is included in the Bill. There is a proposal in this amendment that the defendant and the person against whom the offence was committed are known to each other. That in itself narrows what I am proposing, in the sense that there is a requirement one knows somebody. What we are proposing here is that there are two separate offences, namely, that a person puts out an intimate image...

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

Helen McEntee: Yes. It would put more of an onus to prove.

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

Helen McEntee: Does the Deputy mean if they are in a relationship or not?

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

Helen McEntee: It is absolutely the case that it will be taken as an aggravating factor that somebody has been or is still in a relationship.

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

Helen McEntee: Amendment No. 47 proposes to provide for this aggravating factor by amending section 40 of the Domestic Violence Act. It provides that during sentencing for a relevant offence, the fact that the offence was committed by a person against a relevant person shall be treated for the purpose of determining the sentence as an aggravating factor. This would include a spouse, civil partner or...

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.