Frances Black (Independent) | Oireachtas source

I move amendment No. 3:

In page 16, between lines 17 and 18, to insert the following:

“Amendment of Act of 1997

23. The Act of 1997 is amended by the insertion of the following section after section 9: “Non-intimate partner coercive control

9A. (1) A person commits an offence where he or she knowingly and persistently engages in a course of conduct that consists of abusive behaviour that—

(a) is controlling or coercive,

(b) has a serious effect on a relevant person, and

(c) a reasonable person would consider likely to have a serious effect on a relevant person.

(2) For the purposes of subsection (1), a person’s behaviour has a serious effect on a relevant person if the behaviour causes the relevant person—

(a) to fear that violence will be used against him or her or another person, or

(b) serious alarm or distress that has a substantial adverse impact on the capacity of the relevant person to engage in some or all of the relevant person’s usual day-to-day activities.

(3) Abusive behaviour for the purposes of this section includes engaging in or threatening to engage in the following:

(a) behaviour that deprives the relevant person of liberty, restricts the relevant person’s liberty or otherwise unreasonably controls, regulates or monitors the relevant person’s day-to-day activities,

communications or movements, whether by physically following the relevant person, using technology or in another way;

(b) undermining of the relevant person’s independence;

(c) imposing or making decisions on behalf of the relevant person without his or her consent or without the legal authority to do so;

(d) behaviour that is degrading, frightening, humiliating, punishing or shaming;

(e) behaviour that is intimidation;

(f) behaviour that is verbally abusive;

(g) behaviour that isolates the relevant person and preventing contact with family and friends and other supports;

(h) behaviour that causes harm to the relevant person, or to another person, if the relevant person fails to comply with demands made of the relevant person;

(i) behaviour that damages or destroys property;

(j) behaviour that is economically or financially abusive.

(4) A person who commits an offence under subsection (1) is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.

(5) In this section, a person is a ‘relevant person’ in respect of another person if he or she is the subject of abusive behaviour.”.”.