Seanad debates

Wednesday, 1 July 2015

Harmful and Malicious Electronic Communications Bill 2015: Second Stage [Private Members]

 

10:30 am

Photo of Lorraine HigginsLorraine Higgins (Labour) | Oireachtas source

I thank colleagues for their mostly constructive and positive contributions to this debate. I thank the Minister for Justice and Equality, Deputy Frances Fitzgerald, and the Minister of State, Deputy Gerald Nash, the Fine Gael group, Fianna Fáil group and my Labour Party colleagues for supporting the proposals, as well as Senators Fidelma Healy Eames and Senator Sean D. Barrett.

To be clear, this Bill is not about me. As a person from the west of Ireland, I am, of course, made of stern stuff. While the type of commentary we have been discussing might get one down at times, it will not knock one out. Nevertheless, it is a massive issue which is affecting a whole generation. Any of us older than 20 probably do not understand the impact, but I came to a very clear understanding of it after conducting surveys in secondary schools in east Galway.

Senator Thomas Byrne made several useful suggestions for amendments on Committee Stage. He was a little troubled, however, as were Senators Gerard P. Craughwell and John Crown, about the use of the word "alarm" in the Bill. To clarify, I did not dream up that word; it is already in use under section 11 of the Non-Fatal Offences Against the Person Act 1997. Far be it from me to claim credit for it. In regard to the right to offend, I am not talking simply about below-the-belt comments but rather abusive threats, which is what I am attempting to legislate for in this Bill.

Some of Senator Crown's comments on the Bill were not very flattering. He seems to have misconstrued the essence of the proposals and might be better off sticking to medicine rather than criticising this legislation. He is completely wrong in his point about the potential silencing of people like Maíria Cahill. Ms Cahill had lawful excuse to expose the crimes that were perpetrated against her, and that is provided for in the Bill. These proposals are not about defending the powerful and wealthy, as Senator Crown suggested. As the father of young children, he should understand that I am concerned with protecting children and nobody else.

I thank Senator Martin Conway for his support and his very articulate contribution.

I am absolutely delighted to hear from Senator David Cullinane about how proactive Sinn Féin is on the issue of bullying and the great deal of work it is doing in the area. It seems we should all disregard what we have read in the newspapers in recent days. I would have preferred, however, if the Senator had confined himself to commenting on the proposals we are discussing instead of focusing on all the work Sinn Féin has or has not done, as the case may be.

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