Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Gabhaim mo bhuíochas leis na moltóirí as an mBille seo. I welcome the Minister of State and commend the proposers of this legislation because, as has been said so eloquently by colleagues, there is a need for it. In listening to the powerful testimony from Senator Keogan, it certainly touched on the reasons it is necessary and, in what was a powerful and convincing contribution from Senator Chambers, she laid out the extremes, for want of a better term, of why legislation such as this is necessary for victims. I again commend the proposers of the Bill and all of those who have campaigned. Una Ring and Eve McDowell have been mentioned, in particular, which is right and proper.In many ways, we could have concluded this debate at the end of Senator Chambers's contribution because it outlined so finely just why this is necessary. In saying that I do not want to take anything away from any of the other contributions tonight, including my own. Second Stage affords us the opportunity to make contributions such as this. I am keen, in the short remarks I will make, to get beyond that. Hopefully, the Minister of State will respond positively and proactively from the perspective of the Department, for all the reasons outlined earlier and all the reasons we know, and we can get this on the Statute Book and not only assist victims but perhaps more important, get perpetrators off the street and punish them for what they are doing and what they are responsible for. I beg the Cathaoirleach's pardon. I was not able to print my notes so I will be working off my phone. I do not like doing that but there we go.

This Bill is a welcome addition to the measures in place to deal with the intimidation and harassment of individuals by others that takes place for many and varied reasons. The top and bottom line is that individuals who experience this unwarranted intrusion into their lives need to be protected by the law from their assailants. This Bill sets out a specific offence of stalking, characterised by repeated unwanted behaviour that occurs as a result of fixation of obsession and causes alarm, distress or harm to the victim and provides for related matters. During the debate on the Harassment, Harmful Communications and Related Offences Act 2020, organisations such as the NWCI and Women's Aid noted that we need a separate offence of stalking in addition to existing laws around gender-based violence and abuse and this Bill addresses that gap.

Under the current law, some of the behaviours that currently constitute stalking are not, per se, illegal. These can include behaviours such as the installation of spyware on a partner's computer or mobile device as well as persistent use of the Internet by a stranger to harass and stalk an individual through impersonation or the use of other computer-based tactics. This Bill will be a welcome addition to the Statute Book, which is starting to catch up and legally protect women who are experiencing the frightening attention of a stalker but of course, as we all know, we still have some way to go. Although legislation is progressing, it is not the sole element in combating stalking and similar behaviour. Education, resourcing and trainign for gardaí, which many Members have referenced, as well as restorative justice programmes and portrayals within popular media are also of importance. Reality needs to be the benchmark against which the law is made effective and stalkers must face the full rigour of it. Too often, cases have been before the courts and have been presented as perpetrators being besotted with or love-struck by their victims. The reality is that many of these cases occur with no romantic contact or, indeed, any contact between the victim and the perpetrator. Often the victim has the misfortune of coming to the casual attention of the stalker.

The Bill is expansive in its provisions. One notable aspect is that it extends to a victim's pets. This is welcome as pets are frequently the target of stalkers and are kidnapped, injured or killed. Family members being targeted is also a feature of many stalking incidents. The provision regarding any means of communication is also crucial. Combined with the Harassment, Harmful Communications and Related Offences Act, there should now be few behaviours currently used by stalkers against victims that are not in some way caught by this Bill. If enacted, the legislation should be subject to frequent review so that its practicalities and the degree to which it can be used can be clear. I am sure colleagues would support me in that. The strength of the Bill and its ability to protect the victim and punish the stalker is to be found in its all-embracing and comprehensive provisions. For that reason and many others, Sinn Féin will support the Bill.