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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: 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.

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. We will now consider amendment No. 32 unless the Minister wishes to respond to amendment No. 14.

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

James Lawless: I thank the Minister for that. That ties in with amendment No. 12 which I have spoken to earlier in a similar vein.

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

James Lawless: Very good.

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

James Lawless: We have spoken on amendment No. 14 and have touched on amendment No. 32 as well. Does Deputy Pringle wish to come back in again?

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

James Lawless: The Minister is saying that the exegesis of the offence would include the necessity of a relationship. It could be a defence to a prosecution under that section to claim they were not known to each other.

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

James Lawless: It would complicate matters. It would be harder to bring home a prosecution.

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

James Lawless: It seems sensible.

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

James Lawless: Amendments Nos. 15 to 26, inclusive, are related and may be taken together.

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

James Lawless: Am I right in saying the language the Deputy is referring to, that is, the phrase "seriously interfere" is taken from section 10 of the Non-Fatal Offences Against the Person Act 1997 and it will be interpreted by judges if a trial were to proceed-----

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

James Lawless: That is my understanding.

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

James Lawless: Does that answer Deputy Pringle's question?

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

James Lawless: It is in existing legislation and the 1997 Act.

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

James Lawless: I believe this concludes the discussion on the amendment.

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