Seanad debates

Wednesday, 22 September 2021

Non-Fatal Offences Against the Person (Amendment) (Stalking) Bill 2021: Second Stage

 

10:30 am

Photo of Pauline O'ReillyPauline O'Reilly (Green Party) | Oireachtas source

I welcome the Minister of State and thank the Fianna Fáil Senators for bringing this forward. We can forget we are elected here as normal people, that we are representative of society and speak to normal people in society. What we bring to the floor of this Chamber is our experiences and those of the people to whom we speak. I commend Senator Keogan on sharing her experience, and I commend Una Ring and Eve McDowell. Legislation such as this does not come out of thin air. It is not that a person has a great idea and decides to put forward legislation. These are real lived experiences put down in words on which somebody can act. The important thing to remember about the law, especially criminal law, is that it is there to protect people. Gardaí can only act when there is a law in black and white in front of them. In some cases, what prevents gardaí from acting, or feeling they can act, is a lack of certainty around whether something is a crime. That is why it is important we have something that specifically talks about this insidious behaviour which is stalking and which is different from harassment.

There has been no explanation as to why the Department has not stepped up to the mark when it comes to stalking, especially in light of the fact the Law Reform Commission has recommended this legislation and other jurisdictions have it. I find it baffling that Ireland is not stepping up to the mark and I commend the Senators on bringing it forward. I look forward to the Minister of State's comments and hope things have changed. They may have and I know there will be cross-party support. If the politicians have to drive this and push the Department, that is what we will do.

Ireland has changed. We have had the Citizens' Assembly on gender this year, which has shown there are clear failures, but also that the citizens and those living in this country want change and a recognition of women's place in society. It is quite right to say it is not only women who are impacted by stalking. I know men who are experiencing this and, throughout the years, I have known many women who have experienced it. It is, for the most part, gendered because of power and a patriarchal system. Stalking fundamentally comes down to control, in my layperson's view. To any victims who are watching this, our thoughts are with them and we will do all we can to ensure this legislation goes beyond today and we see a clear response from the Department of Justice on this very important issue.

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