Seanad debates
Tuesday, 20 May 2025
Non-Fatal Offences Against the Person (Amendment) Bill 2024: Committee Stage
2:00 am
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
I commend and thank Senator O'Loughlin for bringing forward Committee Stage of this important legislation. Like her, I also recognise the work of former Senator Lisa Chambers who played a significant role in initiating the legislation and bringing it through Second Stage in this House. When we consider what has happened in our society over the past 20 years, the real change has been the establishment of the digital sphere. If we were looking at this back in the eighties or nineties, we would not really know what we are talking about here. It has had a transformative impact on all our lives. Much of the online activity has been positive, with the access to information and the ability to communicate with people so quickly.
Unquestionably, something that is so dramatic has also had negative consequences. Some of the negative consequences are related to fraud and harassment. Senator O'Loughlin will agree with me that at the heart of catfishing there is a fraud and an element of harassment. I take on board what Senator Comyn said about some people being not sure what catfishing means. It might be worthwhile if, when we are discussing it, we indicate the mischief behind it and what we are trying to regulate and, more importantly, outlaw. There are a number of victims involved. There is the individual victim who is deceived into an emotional or financial relationship. As Senator Clifford-Lee indicated happened in her case, there is the person whose identity is appropriated. There are two individuals who are affected by this and are victims of it.
We should consider the other legislation we have. We have the non-fatal offences against the person legislation that deals with harassment. We have theft and fraud offences legislation that deals with fraud. However, we do not have anything specific governing the issue Senator O'Loughlin wants to regulate and outlaw. Further work needs to be done in respect of this to ensure we are protecting people from this fraudulent and harassing activity.
As Senator Boyhan stated, I have great support within the Department. When legislation comes in, the view of politicians is to instinctively say we support it or we do not support it. From Senator O'Loughlin's point of view, it is important that she has the support of Senator Nicole Ryan and everyone else here in the House in respect of the legislation. When departmental officials look at it, they need to consider if it is replicating existing legislation and what the effect of it will be.
Obviously, neither Senator O'Loughlin nor anyone else in the House wants to see any unintended consequences. We greatly appreciate her agreement to allow the Department to take some time to assess it and consider it carefully. I am sure she does not want us to enact something very fast which has the unintended consequence of something we are not aware of at present.
As Senator Boyhan said, I have excellent officials in the Department of Justice. They will give the Bill very thorough consideration. We need some time to assess it and consider it. As Senator O'Loughlin will be aware, clearly we need to ensure we have protection in place or will put protection in place for individuals who are the subject of this fairly odious behaviour.
I do not want to take up too much or of Senators' time; they have heard enough of me in this House for one day.
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