Seanad debates
Wednesday, 9 February 2022
Non-Fatal Offences Against the Person (Amendment) (Stalking) Bill 2021: Report and Final Stages
10:30 am
Helen McEntee (Meath East, Fine Gael) | Oireachtas source
I join colleagues in thanking Senator Chambers on the passage of this Bill through the House. A great deal of effort has gone into developing it. I commend the Senator and also the co-sponsors of the Bill, Senators Fitzpatrick and McGreehan, on their work on it. I, too, want to acknowledge the outstanding work and extraordinary contributions of Eve McDowell and Una Ring, not only in their campaign to change the laws in place but also for recounting their lived experience and providing encouragement and support to many others. The way in which they have come forward leaves us indebted to many victims who have been very brave in telling their own stories. Members of this House have also told their story, which is certainly not easy to do.
Throughout these debates, we have returned time and again to the fact that this crime has such a devastating psychological impact on victims, survivors and other people who are impacted. We cannot even begin to realise the harm stalking causes. As a crime, it is profoundly intrusive. It undermines dignity and shatters lives, as many Senators have outlined. I have seen the impact it has had on a very close friend. I know what it can do to a person and how devastating it is.
Legislative change is only part of the answer but I am particularly conscious of the evidence that has been shown. Senator Chambers outlined that again today. When a specific offence of stalking has been created in other jurisdictions and other countries it has led to an increase in victims coming forward, which means an increase in prosecutions. More than anything else, we want to see victims coming forward. We want them to feel confident in doing so and to know the law will be on their side and there to support them. We need to create a system for victims to ensure they feel comfortable in coming forward. That is what supporting a victim’s journey is about. It is my plan in the Department to improve the criminal justice system, which includes training for gardaí and legal professionals. More recently, we saw moot courts held for judges who deal with cases of sexual harassment, rape and sexual assault. We need more of that to continue. It is extremely important when people come forward that they know the law is on their side and that the people they are dealing with understand and appreciate the difficulties and challenges they face.
We share a similar desire to see the law in this area strengthened. The Government has not opposed this Bill and I look forward to seeing it passed in the Seanad today. Senators will be aware from my recent statements and from the debate on Committee Stage that I have been working closely with the Attorney General on changes to the law in this area. I met Senator Chambers, Una Ring and Eve McDowell and it is my intention to enact the changes in this Bill in the criminal law (miscellaneous provisions) Bill, which will be published before Easter. While this work is continuing, I hope we can go even further in some aspects and areas being proposed in the Bill. These include clarifying and widening the scope of conduct that may constitute stalking and what should be taken into account by the courts; providing for court orders to tackle stalking and these types of behaviours at an earlier stage before its consequences impact victims; ensuring we recognise stalking offences may take place where a victim does not even realise it is happening to him or her; enabling the Garda to take action where the victim does not know this is happening; and revising and updating the existing section 10 harassment offence.
I very much look forward to working with Senator Chambers, Eve McDowell and Una Ring and colleagues as we develop these changes and find a way to ensure the existing law and new offence of stalking are as clear and strong as they possibly can be. Victims need to know that they can come forward, that the law is clear and those working with them are clear in what they are doing in taking prosecutions and, more important, that it is clear there will be consequences for those who perpetrate these crimes. I thank Senator Chambers and I look forward to working with her and colleagues.
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