David Stanton (Cork East, Fine Gael) | Oireachtas source

This is a new section which deals with controlling or coercive behaviour in an intimate or family relationship. We had a very good debate on this. Having considered the points made by Senators on Committee Stage, I am proposing this amendment. I agree that behaviours in a domestic setting which involve emotional abuse, humiliation and fear can be as harmful to victims as physical abuse as they are an abuse of the unique trust associated with an intimate relationship.

The provisions of the new offence have been carefully drafted in consultation with the Office of the Attorney General. Senators will appreciate that to be effective and enforceable, a criminal offence needs to have a clear definition. For that reason, the new section proposed by this amendment seeks to define coercive control as clearly as possible.

The offence will be committed where a person knowingly and persistently engages in behaviour which is controlling or coercive, which has a serious effect on a relevant person and which a reasonable person would consider likely to have a serious effect on a relevant person. A person is a relevant person in respect of another person if he or she is the spouse or civil partner of that other person, or is or was in an intimate and committed relationship with that other person.

The new section goes on to define what is meant by "serious effect". A person’s behaviour has a serious effect on a person if the behaviour causes the person to fear that violence will be used against him or her or if the behaviour causes serious alarm or distress which has a substantial adverse impact on the person’s usual day-to-day activities. I commend the amendment to Senators and I look forward to hearing their views on it.