Lisa Chambers (Fianna Fail) | Oireachtas source

I welcome the Minister to the Chamber. This is a more positive experience than when we took Second Stage of this Bill last September. I am pleased to have brought this legislation to the House to make the offence of stalking a stand-alone crime in Irish law, which is currently not the case. Members will be aware from the contribution I made last September that I believe this Bill is necessary because the current law in this regard is inadequate and insufficient to cover the sinister and serious nature of stalking, as will be borne out by the many stories recounted by victims. It is my strong belief that the word “harassment” does not adequately cover what victims have recounted to me in their stories.

I again credit and pay tribute to the co-founders of Stalking Ireland, Una Ring and Eve McDowell, for their incredible work in bringing this legislation to where it is today. Only last year, they had to go through the ordeal of going to court and facing their attackers. Thankfully, both women got their day in court and the perpetrators are now behind bars. One could suggest that a longer term was warranted. In any event, we are where we are. Following that experience, the women put together a campaign to try to help other victims, draw attention to this crime and be the voice for many who have felt voiceless on this issue.

Throughout last year, we worked together to draft the legislation. At times, we pored over the wording and we are satisfied that it adequately covers the offence. We worked with Dr. Catherine O’Sullivan of University College Cork, UCC, and we also spoke to an adviser who had been with the Law Reform Commission. The Minister will be aware that the Law Reform Commission recommended in 2016 that we consider enacting a stand-alone offence of stalking. Our initial dealings with the Department of Justice were not very positive. Una and Eve have recounted being on many media outlets where statements were sent from the Department of Justice to say the legislation was not needed and that the harassment section was sufficient. Effectively, it was being stated that their campaign was not going to bear the fruit that they wished it to.

Thankfully, I continued working with Una Ring and Eve McDowell, and we persevered in this endeavour. We were committed to seeing this issue through to the end. In last September’s debate, the Department's clearly stated position was that this legislation was not needed. After working on Coco's Law, and having consulted legal advisers and key stakeholders in the criminal justice system, I think the position was that they were all of the view that the harassment legislation was sufficient. It is good that there has been a change of mind, and I have no doubt the Minister played a key role in bringing about that change of mindset in her Department. I also have no doubt that recent tragic events have prompted that period of reflection. That has allowed us to examine our laws and the need to modernise and update them to protect women further.

It is also welcome that we are finally following the example set in other jurisdictions. Looking to those of our neighbours with the same common law judicial system, namely, Scotland, England and Wales, those jurisdictions criminalised stalking and made it a stand-alone criminal offence more than a decade ago. We had hard evidence to show that doing that led to increased reporting and more prosecutions, and the victims got the justice they deserved. With that evidence in hand, it is only right and proper that we move in the same direction.

I commend the Minister of Justice in Northern Ireland, Naomi Long MLA, who is bringing through legislation on behalf of the Northern Ireland Executive to do the same thing there. I was pleased to meet her last year to discuss her plans to bring Northern Ireland into line with the rest of the UK. It is also good that we are moving in tandem with that endeavour so that we will have an all-island approach to this issue. I am sure the Minister and others will agree that if there were to be a different approach north and south of the Border, it would pose difficulties for those living in the Border region. I do not think I need to go into any further detail on that.I am sure the Minister and others will agree that if there were to be a different approach north and south of the Border, it would pose particular difficulties for those living in the Border region. I do not think I need to go into further detail on that.

I welcome the change of view from the Department and look forward to working with the Minister on bringing this legislation to a conclusion. I reiterate my strong and firm belief that a stand-alone offence of stalking is required. The reason and evidence for that is that by having a stand-alone offence, awareness is raised and the number of women, predominantly, who will come forward to report this crime will increase.

Enacting the law in this space is the first step. We need to make sure the law is effective and victims can access the justice system and get the justice they deserve. The Minister will be aware that Una Ring, for example, had a fantastic experience with An Garda Síochána and they were exemplary in the work they did. There is no doubt that had they not been outside her home on the night her attacker came, things could have been different. However, that is not the same for every victim. Eve McDowell had a different experience in Galway when she went to report her ordeal. There will need to be a process of upskilling and training for An Garda Síochána so they are fully briefed on the law we are about to enact and know how to deal with victims.

It is about very simple things. I was talking to a councillor about the need to have privacy when giving a statement on a matter this sensitive and for a special location in the Garda station to which victims can go in private to recount their story. When a victim goes to report this crime, there should be some sort of continuity in terms of the garda he or she deals with. One thing Eve found difficult was that every time she went to make a complaint and tell the gardaí what was happening to her, she spoke to a different garda. That can happen but it meant she had to retell her story over and over from the beginning. That retraumatises the individual.

We will need a suite of measures in terms of implementing the law, how it is to work in practice and the experience of victims. I respectfully suggest to the Minister that we pencil in a date two or three years down the line to review the operation of the law, how it is working for victims and how the justice system is working.

I relay the words of thanks from Una and Eve to all Members of this House for supporting the legislation, supporting me in bringing this Bill and showing the work the Seanad can do collectively on cross-party legislation like this. I thank the Minister for her understanding and for meeting with Una and Eve the last evening. They appreciated that engagement, as did I. I thank the Minister for committing to bringing through legislation to criminalise stalking. It will be a positive step and I look forward to concluding this Bill in two weeks' time, 9 February, when we will proceed to Report and Final Stages and pass this Private Members' Bill in the Seanad. I thank the Cathaoirleach for his latitude in allowing me to make a few remarks.