Sharon Keogan (Independent) | Oireachtas source

I move amendment No. 1:

In page 4, to delete lines 1 to 4 and substitute the following: “(3) In this section ‘stalking behaviour’ means persistently engaging in one or more than one of the following:

(a) following, watching, pestering or communicating by any means of communication with or about a person;”.

This amendment moves the word "persistently" up one line from subsection 3(a) of the proposed new section 10A to be inserted into the principal Act, so that it applies to subsections 3(a) to 3(h), rather than just subsection 3(a). Subsection 3 deals with the definition of stalking behaviour and gives examples of what that behaviour can look like. The reason for this amendment is that the idea of stalking being an ongoing behaviour is only now found in subsections 3(a) and 3(c), which mention "persistently following" and "repeated, unwanted contact", respectively. The idea behind the amendment is to avoid any possible instance of one-off actions falling under this legislation, which I do not believe is the intention of its proponent.

For example, subsection 3(b) offers an example of stalking behaviour as “purporting to be another person”. If I were to introduce myself as another person, such as the Minister for Justice, Deputy McEntee, it would be unusual, impolite and puzzling, but I am not sure it would qualify as stalking behaviour. We can all appreciate the role that impersonation, particularly online, can play in stalking. My sole worry is that the current wording may criminalise individuals' actions which are not, by default, stalking.

I appreciate that the phrase “repeated and unwanted behaviour” is in subsection 2(a) and that it might be enough to prevent one-off actions being unintentionally within the scope of the legislation. I tabled this amendment to give the proponent of the Bill an opportunity to clarify the interpretation of the legal effect of the Bill as it stands. If subsection 2(a) is sufficient to avoid the scenario I outlined, I am happy to withdraw my amendment.