Tommy Broughan (Dublin North East, Labour)
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Question 170: To ask the Minister for Justice and Equality if he is considering any specific legislation to deal with the growing problem of stalking in view of the existence of such specific legislation in other jurisdictions; and if he will make a statement on the matter. [15982/12]

Alan Shatter (Dublin South, Fine Gael)
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Section 10 of the Non-Fatal Offences Against the Person Act 1997 provides for the offence of harassment, which includes the type of behaviour involved in "stalking". Subsections (1) and (2) state that:

"10(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

(2) For the purposes of this section a person harasses another where -

(a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

(b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other."

A person convicted of such an offence is liable on summary conviction to a fine or to imprisonment for a term not exceeding 12 months or both and on conviction on indictment to a fine or imprisonment for a term not exceeding 7 years or to both. A court may, in addition to, or as an alternative to any other penalty, order that the person shall not communicate with or approach the victim and even if the person is not convicted of the offence the court has the power to make such an order if it is satisfied that it is in the interests of justice to do so.

I would also add that section 101 Criminal Justice Act 2006 provides that where a person over 18 years of age is convicted of an offence under section 10 of the Non-Fatal Offences Against the Person act 1997 and a sentence of 3 months or more is proposed, the court may impose "a restriction on movement order" as an alternative to a custodial sentence. The maximum length of such orders is six months and they may restrict the offender's movements to such extent as the court thinks fit.

I have no plans at present to introduce any further legislation.