Helen McEntee (Meath East, Fine Gael) | Oireachtas source

We are talking about many of the same issues we discussed in the previous amendment. What we are trying to do is to prevent the stalking behaviour. It is about looking at the immediate safety and welfare of applicants so they can get an immediate order for eight days, as is set out, or five years, on a much longer footing.

While stalking, harassment and civil orders are inextricably linked, the standards that are applied are very different. For the civil order, we have set the bar far lower because of the possible immediate threat and risk to a person's safety and well-being. We see stalking in a different way to harassment. An issue of going to neighbours or others could apply. That is not specific to that type of scenario and applies where there are relationships or other types of conduct or behaviour. This specific order is intended to prevent stalking behaviour from escalating. It is where somebody does not want a criminal conviction for the person in question and wants only to stop the behaviour.

In saying that, we need to look at how this is applied. If it is introduced, we need to see how it is applied and to see if it is too narrow and not working. We may look at it again later. Because the conduct is connected with the stalking offence, the intention is to try to prevent that from escalating and ensure immediate support for somebody experiencing that. It is for that reason it has been included. The bar is set quite low. There is no need to show someone has been harmed or it was another person's intention to cause harm. The conduct itself is all that needs to be considered. That eliminates many of the challenges that people face if they want to take a criminal prosecution in the first instance.