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Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: Senator Ward was correct in what he said regarding proportionality. I did not have the time to rewrite a section between the Bill being passed in the Dáil on Thursday and being taken in the House today. I will get that little dig in there. As Senator Seery Kearney said, I would look forward to amending the legislation through miscellaneous provisions to provide for lesser offences...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: I withdraw the amendment.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: I move amendment No. 9: In page 4, line 23, after “records,” to insert “retains,”. Amendments Nos. 9 and 12 relate to a specific additional offence of retaining intimate images in a similar vein to amendment No. 4. Amendment No. 11 is again an amendment that was raised with me by the National Observatory on Violence Against Women regarding concerns in respect...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: As with the other amendments, I will not press these amendments, but I look forward to working with the Department to move matters forward.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: I move amendment No. 14: In page 4, line 37, after “threatening” to insert “, private”. Amendments Nos. 14 and 15 are attempts to legislate for a criminal offence for the practice known as doxing, where an abuser will publish private information such as home addresses or bank account details publicly on the Internet to terrorise their victims. The amendments...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: Can the Minister of State comment whether it is an offence under the legislation?

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: Doxxing.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: It is important issue regarding a tool of abuse and is something that could be looked at. It is one of the ever-evolving things we encounter that can be used in the absence of the more normal ways in which to abuse or engage in harmful communications. I will withdraw the amendment but I hope that the Department will consider an amendment to make it an offence in some way.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: This points to why a review in three years is probably too far away. I am happy to withdraw the amendments in the hope of having continued conversations around the practice of the practice or abuse of doxxing.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: This conversation interests me. I understand the Senator's point about something that is done lawfully causing distress, but there are also situations where someone uses lawful measures as a tool to abuse. On Second Stage, I mentioned two people on whose radar I am. One of them has used the courts in a vexatious way to continue abusing me and has tried to summons me to court. He is...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: I move amendment No. 16: In page 5, between lines 12 and 13, to insert the following: “Harassment 5. (1) A person who, without lawful authority or reasonable excuse— (a) intentionally or recklessly— (i) follows, watches, pesters or besets another person, (ii) communicates with another person, or (iii) communicates with a third person about another person, and...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: I wish to come back in on the issue of persistence. Removing the word "persistence" does not mean the offence only applies to once-off events. Rather, it allows us to begin to account for sporadic communication.In my experience, both my own experience and in supporting other women, sometimes abusive communication and harassment can be seasonal, for want of a better term. It can happen for...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: I withdraw it.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: I move amendment No. 18: 18. In page 5, between lines 22 and 23, to insert the following: “(2) Notwithstanding subsection (1), the alleged victim of the offence may make an application to the Circuit Court for the purpose of waiving their anonymity under this section.”. Important provisions are contained in section 5 of the Bill related to the anonymity of the victim such...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: The Senator is right. It is a mistake.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: I will not press the amendment. There is a mistake in it anyway.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: I move amendment No. 19: In page 6, line 22, to delete “within 2 years” and substitute “within seven years”. Amendments Nos. 19 to 21, inclusive, relate to time limits under which summary proceedings can be taken under this Bill. I am concerned that two years since the offence was committed is too short, especially given the nature of these offences and the...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: I have nothing to add. I will withdraw the amendment.

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: I move amendment No. 22: In page 6, between lines 28 and 29, to insert the following: "Civil restraint orders 9. (1) A Court may, upon an application to it in that behalf, make an order, having regard to the evidence presented and if the court is satisfied that it is in the interests of justices to do, that a person (in this section referred to as the respondent) shall not, for such...

Seanad: Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages (18 Dec 2020)

Lynn Ruane: My main questions were on the timeline. The Minister of State has suggested that it has not begun but that there will be a consultation process. Does that apply to both Bills he mentioned? Is there a timeline for the consultation? For example, it is hoped to have it in the first quarter of the new year?

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