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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: As a result of the agreement of amendment No. 27, amendments Nos. 28 to 30, inclusive, fall. In addition, the agreement of amendment No. 27 has resulted in the deletion of section 5 of the Bill.

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

James Lawless: That is noted and in order.

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

James Lawless: I recognise that Deputy Niamh Smyth has joined us as a new member of the committee and will be with us going forward. She is welcome. I look forward to her contributions today and on other days into the future. I wish her well on this committee. Amendment No. 31, in the name of the Minister, proposes a new section 6 of the Bill. Amendments Nos. 31 and 39 to 41, inclusive, are related...

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

James Lawless: I need to take guidance.

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

James Lawless: The sequence is important here. I need the Minister to move amendment No. 31, after which we will take Deputy Howlin's amendment to the amendment as part of this grouping. I remind the committee that amendments Nos. 39 to 41, inclusive, are related. However, we will take them separately because they do not relate to the first two, which are quite closely intertwined.

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

James Lawless: I will move swiftly to Deputy Howlin because I know he has an amendment to that amendment. It makes sense if we take them together.

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

James Lawless: I invite Deputy Pringle to speak to amendments No. 39 to 41, inclusive, in his name.

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

James Lawless: Perhaps the Deputy will speak to those amendments, and that will complete the grouping.

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

James Lawless: That is across the Deputy's three amendments, effectively.

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

James Lawless: How stands Deputy Howlin's amendment to the amendment?

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

James Lawless: Perhaps that can be returned to on Report Stage if there is a question.

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

James Lawless: Perhaps the Minister can advise the Deputy outside the committee or on Report Stage.

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

James Lawless: Amendments Nos. 35 to 38, inclusive, are related. Amendments Nos. 36 to 38, inclusive, are alternatives to No. 35. We will take amendments Nos. 35 to 38, inclusive, together.

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

James Lawless: In the interests of time, I ask the Deputy to speak on amendment No. 37, which is part of the block.

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

James Lawless: Amendment No. 38 is in my name and addresses a similar point. I will not speak on it.

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

James Lawless: Am I correct that two years would be the outlier in terms of other offences under that Schedule, and that going to two years is already the maximum that was there for any offence?

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

James Lawless: Is it reasonable to say that the Act has been amended many times up until recently? Is that correct? It may have been commenced in 1851, but I do not believe that is the last time it was updated.

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

James Lawless: Absolutely. I am not getting into that point but just asking a question. It is 150 years old and my understanding is that, and the Minister can confirm it, it is amended regularly as legislation is made.

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

James Lawless: That has been a helpful discussion. I am reminded there are four minutes left in the slot, so if we wish to get through the business today we will have to advance quickly or we will have to return to them on Thursday. How stands amendment No. 35?

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

James Lawless: I move amendment No. 38: In page 6, line 37, after “committed” to insert “or when the person against whom the offence was committed became aware of the offence”.

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