Written answers

Tuesday, 5 February 2013

Department of Justice and Equality

Law Reform Commission Reports

Photo of Michael McCarthyMichael McCarthy (Cork South West, Labour)
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To ask the Minister for Justice and Equality if he will provide an update on the Law Reform Commission's review of the Non-Fatal Offences Against the Person Act 1997 in terms of the difficulties it brings for authorities trying to prosecute perpetrators of cyber-bullying; and if he will make a statement on the matter. [5365/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my response to his question of 22 November, 2012.

He will recall that I requested the Law Reform Commission to consider the need to amend section 10 of Non-Fatal Offences against the Person Act 1997, having been made aware of difficulties in bringing successful prosecutions under that section in relation to domestic and sexual violence rather than cyber bullying. One of the difficulties relates to the issue of a need to demonstrate persistence in the harassment.

Bullying in any form, including cyber bullying, may amount to harassment and may therefore be an offence under section 10 of the Non-Fatal Offences against the Person Act 1997, as amended. Thus the outcome of the Law Reform Commission deliberations on the persistence element of the offence of harassment will inform the debate on the prosecution of all harassment offences including any potential prosecutions for harassment in cyber bullying situations.

While, the time taken for the completion and delivery of individual Law Reform Commission reports and recommendations is a matter for the Commission itself as an independent body under the Law Reform Commission Act 1975, I understand they expect to complete a discussion or consultation paper in the first half of this year in relation to their consideration of the provision.

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