Frances Black (Independent) | Oireachtas source

I move amendment No. 6:

In page 17, lines 1 and 2, to delete “that has a substantial adverse impact on his or her usual day-to-day activities”.

This suite of amendments seeks to expand what constitutes stalking within the Bill. Currently, the Bill contains a qualifier in that the harm caused by stalking must have a "substantial adverse impact" on a victim's usual day-to-day activities. This provision has rightly been criticised by many domestic violence groups and agencies. These amendments seek to provide a suitable remedy.

The focus on instances of stalking should always be on the conduct of the perpetrator of these offences and not on the adverse impact of this behaviour on a victim which, as Senator Ruane has stressed previously, is likely to be difficult to prove in many instances. What is most concerning is the potential negative impact that this could invariably have on victims of stalking and harassment. The timely reporting of stalking to An Garda Síochána could be negatively affected where victims may feel that they cannot prove the harm that has been caused to them, which risks their being subjected to further future harm. Additionally, it could work against victims, who may actively choose not to alter their day-to-day activities in an attempt to demonstrate their resilience. The suite of amendments should be considered together in its entirety as the intention is the same throughout the amendments.

Amendment No. 6 seeks the deletion of the reference to "substantial adverse impact" in respect of the alarm or distress caused by stalking. This means that the alarm and distress caused by stalking in and of itself would be sufficient to demonstrate the impact of stalking on a person.

Amendment No. 7 seeks to introduce a separate reference to "substantial adverse impact" such that a person would be guilty of the act of stalking wherein their behaviour disrupts a victim in terms of their engagement in their own day-to-day activities. This amendment, therefore, expands the standard of conduct for stalking.

Amendment No. 8, seeks the deletion of an additional reference to "substantial adverse impact" of the alarm or distress caused by stalking in section 23(2)(b).

Amendment No. 9, seeks also to expand the standard of conduct for stalking by introducing an additional, separate reference to behaviour that disrupts a victim in their engagement in their own day-to-day activities. These amendments take account of the concerns expressed by domestic violence groups by subtly expanding what constitutes harassment or stalking under the Bill.