James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Senators who have sponsored the Bill for bringing it to the House. I thank those who bravely told of their experiences here this evening, including Senator Keogan, and those who allowed their experiences to be shared in the House on their behalf by Senators. The Government is not opposing this Bill this evening. I am aware of the sincerity and the depth of feeling of my colleagues who brought forward this Bill. I am aware also that Senator Chambers has given a lot of time to and is dedicated to this Bill on which she has worked closely with Una Ring and Niamh McDowell who launched the campaign for a new offence earlier this year. Senator Chambers has paid tribute to the courage and tenacity of those two women in campaigning for a new law. I also pay tribute to them for sharing their terrifying experiences with the people of Ireland. They are experiences which all too many women recognise. I acknowledge Senators McGreehan and Fitzpatrick as co-sponsors of the Bill. I want to be associated with the comments of Senator Shane Cassells who referred to the importance of men speaking out to support women who find themselves in these horrific situations. Men have a vital role to play in standing up and having their voices added to those of women who find themselves in very terrifying situations.

The Government appreciates the seriousness of the crime of stalking. It is an intrusive pattern of behaviour where the perpetrator becomes so fixated on another person that will cause any reasonable person to fear for his or her safety. It is not a one-off incident. It involves repeated victimisation over a period of time that can shatter the private and personal life of the victim. Victims of stalking have endured an experience that no person should have to endure. Victims also often have to change their daily routine, phone numbers and social media accounts to escape unwanted contacts. They are constantly looking over their shoulders and cannot feel safe, even in their own homes and places of work. I sympathise with anyone who has suffered in this way and I fully appreciate that for victims of crime, the words that are used for their experiences matter.

I will now address the law as it stands today and how the current law came into being and the Minister's rationale for previously not bringing forward an amendment to refer to the specific word of stalking. It is less than one year ago since I came to this House to debate what became the Harassment, Harmful Communications and Related Offences Act 2020, also known as Coco's Law. That Bill was largely based on the criminal law recommendations contained in the Law Reform Commission’s 2016 report on harmful communications and digital safety.

One of the recommendations of that report was that a specific stand-alone offence of stalking should be introduced in Ireland. My officials considered this fully over the last two years. The commission recommended that a new stalking offence be enacted but that the essential ingredients of a stalking offence, should be the same as the harassment offence contained in section 10 of the Non-Fatal Offences Against the Person Act 1997. The commission recommended that the stalking offence would differ from the harassment offence by requiring the intentional or reckless acts of the perpetrator to seriously interfere with the victim’s peace and privacy and cause him or her alarm, distress or harm. This would be a higher threshold to prove than the existing harassment offence which would result in fewer successful prosecutions. My officials examined the court reports and found that stalking was being successfully prosecuted under the harassment offence and convictions were being secured. Legal advices have advised that stalking is indeed an offence in Irish law. The only lacuna is one of perception in that the word "stalking" is not used but this is not the only case where a commonly known word is not used in law. I refer to kidnapping, which is commonly prosecuted as false imprisonment.

In 1997, when introducing a harassment offence to the Dáil, the then Minister for Justice, Deputy Nora Owen said:

Section 10 provides for the important new offence of harassment which is aimed at what is commonly called "stalking". We are all aware of high profile cases of stalking but such behaviour is not necessarily peculiar to people in the spotlight. Unfortunately, it can occur in everyday life when a person, usually a woman, becomes the object of the stalker's affection — perhaps obsession is a better word — and that person is subjected to sustained harassment and intimidation in a perverted attempt by the stalker to gain the attention or affection of the unfortunate person concerned.

I also wish to refer to the words of Charlton J in DPP v. Doherty. That July 2020 judgment stated:

Harassment was made an offence by s 10 of the Non-Fatal Offences Against the Person Act 1997. Before that time, those whose lives were affected by harassment, or as it is commonly called stalking, could only have resort to the equitable jurisdiction of the courts.

While working on Coco's Law, my officials consulted our legal advisers as well as key stakeholders in the criminal justice system. All were of the view that the harassment offence works well and there is insufficient reason to change it at this time. There was also concern that legislating specifically for stalking could cast doubt over previous convictions for stalking behaviour under the harassment offence. We looked internationally to see if there was a common approach emerging. Some have stalking offences and others have other harassment offences. The Government concluded that there was no clear benefit to be gained by a stand-alone stalking offence as the elements of the offence were clearly encompassed within the parameters of the harassment offence. The Minister formed the view that a stalking offence called "harassment" already existed in Ireland and it was successfully securing convictions. The Minister also formed the view that the offence is so serious that it merited a higher maximum sentence to reflect the very grave impact on lived experiences of victims.

In December 2020, the Oireachtas, in passing Coco's Law, amended the harassment offence in two ways. The first was to extend the offence to persistent communication about a person as well as persistent to communication to a person. This is an important change as harassing behaviour can also be in the form of unwanted communication to family members, work colleagues and friends of a victim, not simply directly to a victim. Perhaps more importantly, the maximum sentence for harassment was increased to ten years putting it at the top end of the scale internationally for similar offences. I understand that legislation for stalking in England, Wales and Scotland attracts a maximum sentence of five years. This was a clear statement to perpetrators of harassment or stalking that their actions will be subject to very serious penalties that reflect the harm that they have perpetrated on their victims.

In addition to increasing the penalties for harassment, particularly for its more serious forms such as stalking, supporting victims of crime is a priority for the Government. This year, the Department of Justice is providing €4.1 million of funding to support of victims of crime along with €3 million to raise awareness of domestic sexual and gender-based violence.

The work to implement all of the recommendations of the O'Malley report, as set out in Supporting a Victim’s Journey, continues apace. It is introducing important reforms in the criminal justice system to make it more victim-centred. The reforms will ensure that victims are better supported, better informed and are treated with respect and dignity by everyone they come into contact with. It is a living document and as more areas of reform are identified, they will be progressed.

For all these reasons the Government decided less than a year ago not to introduce a stand-alone stalking offence. Section 12 of Coco's Law, which was introduced by way of amendment in the Dáil, provides for view of the operation of that Act within three years of its commencement. This means that a statutory review of its effectiveness of all the changes brought by Coco's Law will be carried out by December 2023. That is the correct time to review the position on harassment and stalking, in the Minister’s view. It is the Minister’s view that we need to allow some time for recent changes in the law to bed down so that we will be able to fully consider what changes, if any, are necessary at that stage.

As I said at the outset, the Government will not oppose the Bill this evening. Once again, I want to acknowledge the work that has gone into its development. I fully acknowledge the intentions behind the Bill and the courage and convictions of victims in seeking a change in the law. This is a very serious and complex issue, which has a profound effect on victims. I am hopeful that the changes brought about by Coco's Law will make a real difference to victims in the coming years and that the statutory review of the Act can identify any further need for legislative change. I thank Senators Chambers, Fitzpatrick and McGreehan once again for bringing this Bill forward.