Sharon Keogan (Independent) | Oireachtas source

Stalking is a clear example of a crime which has become all too common, facilitated by the rise in communications technology. The word no longer conjures up images of hooded figures in dark alleys but of inboxes spammed with messages, private social media accounts being bombarded with comments, identity theft, phone calls and more. There has been a move over the past decade or so to an online life, which has been made more drastic by Covid and has led to many victims of stalking being unable to escape their tormentors. It is a depraved and destructive behaviour which can cause severe distress to a victim and leave a lasting negative impact which may not fade even when the behaviour stops. As such, it is appropriate that we legislate to dissuade and punish such behaviour. It is also true that we must be extremely careful with new criminal legislation. Imprisoning someone is not a decision which should be made lightly. We owe it to the people and the courts to make sure that the legislation does not catch other, less serious behaviour in its definition of stalking behaviour while also ensuring that in those cases where legitimate stalking is taking place, a conviction can be secured.

As has been mentioned, the creation of a specific stalking offence was a recommendation of the Law Reform Commission in 2016. It differentiated it from harassment based on an element of intense obsession or fixation which creates unwanted intimacy between the stalker and the victim. I do not speak about these things in any abstract sense. I am sure that I am not alone in that. My nightmare started on 23 August 2013 and it went on for two and a half years. The gardaí tried their best to try to get the person who was making the calls to me. I got up to 92 calls one day. It really destroys your life. No matter where I went, this individual knew exactly where I was. He knew what I was wearing. He knew whose company I was in. He would ring friends to see if I was with them if he could not get me. I welcome this legislation but we need to resource the gardaí better to deal with such cases. Nothing could be done in my case because the person making the phone calls did not own the phones that the calls were being made from. He got away with it on that basis. He put me through two and a half years of hell and he got away with it. That should not happen.

One concern I have with this legislation is with the difficulties that may be encountered where the existence of a crime is based on how events are perceived or experienced by an individual. I trust that as this Bill passes through the House, we will strike the correct balance in this regard in anticipation of cases which may not be as clear cut as others. I think of subsection (3)(g) lists "interfering with the property of a person" as an example of stalking behaviour. While one can certainly think of instances wherein such an action would be stalking behaviour, it is easy to envisage where such behaviour could be more innocent. Likewise, the persistent nature of any activity is instrumental in a behaviour being a stalking behaviour, yet the list of defined stalking behaviours only refers to this in the first of its eight examples, which could have serious legal ramifications. I have no doubt that these issues will be explored in detail and dealt with over the next stages of the Bill. I look forward to working on it. I commend Senators Chambers, Fitzpatrick and McGreehan on bringing it before the House.