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

James Lawless: Does Deputy Pringle wish to speak to amendment No. 10?

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

James Lawless: If any member wishes to identify a policy issue and put it out there at the committee for discussion, even if it is intended to withdraw it, there is no issue with that and it may help to ventilate the issue. Does Deputy Smith wish to speak to amendment No. 11?

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

James Lawless: Amendment No. 12 is in my name. I am not going to move the amendment but I will briefly outline the rationale for it. The Bill already covers the position of relationships and of people known to each other. This pertains to a position where people may not know each other but content, images or video may come into the possession of somebody through his or her occupation, perhaps in law...

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

James Lawless: Amendments Nos. 7 and 12 are withdrawn. Amendments Nos. 9 and 10 are withdrawn. We will take direction from Deputy Smith on amendments Nos. 8 and 11. There is a proposal to delete the section in any event, so it may well become moot. In that context, does Deputy Smith wish to return to this on Report Stage or does she wish to press the amendment?

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

James Lawless: Deputy Smith has flagged a policy concern and the Minister has indicated she will take it away and see if the matter can be accommodated on Report Stage. Deputy Smith, of course, has the right to reintroduce her amendment on Report Stage if she wishes to do so. Is that agreeable? The amendment is withdrawn for now, with the right to return on Report Stage.

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

James Lawless: Does that apply to amendments Nos. 8 and 11?

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

James Lawless: I have already withdrawn amendments Nos. 7 and 12, and amendments Nos. 9 and 10 are also withdrawn.

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

James Lawless: The Minister has proposed that section 3 be deleted.

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

James Lawless: It is section 4, amendment No. 13, which seeks to insert a new offence of stalking as a stand-alone provision.

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

James Lawless: I thank the Deputy.

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

James Lawless: Does the Minister wish to respond on that point?

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

James Lawless: Section 10, as it stands, in the Non-Fatal Offences Against the Person Act may be considered quite a robust piece of legislation that is used regularly across the courts.

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

James Lawless: Deputy Smith has indicated remotely and wishes to contribute to this. Is that right?

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

James Lawless: Thank you Deputy, we take the point. I call Deputy Carroll Mac Neill.

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

James Lawless: That concludes discussion on amendment No. 13. How stands the amendment? Is Deputy Pringle happy to withdraw the amendment on the basis of our discussion?

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

James Lawless: Amendments No. 14 is related to amendments Nos. 32 and 47 and they will be discussed together.

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

James Lawless: That amendment, I believe, will be taken at the end, Minister. The Minister may discuss that amendment now and we will move it at a later stage.

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

James Lawless: We will be discussing amendment No. 46.

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

James Lawless: Is the Minister moving that amendment?

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

James Lawless: We will come on to and decide that at a later stage but it has been discussed and spoken to now, which is all in order. We move now to amendment No. 14, which will be discussed with amendments Nos. 32 and 47 as part of this round, but we will take the amendments as we reach them.

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