Written answers

Tuesday, 25 January 2022

Department of Justice and Equality

Legislative Measures

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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500. To ask the Tánaiste and Minister for Justice and Equality her plans to implement legislation to protect those facing harassment but who would be excluded from applying for a barring or protection order; and if she will make a statement on the matter. [3396/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy may be aware, it is an offence to persistently follow, watch, pester, beset or communicate with or about a person by any means.

Under Coco's Law, or the Harassment, Harmful Communications and Related Offences Act, which was enacted last year, the maximum penalty for harassment has been increased from seven years to ten years and/or an unlimited fine.

The penalty is now on the higher end of the range of penalties imposed internationally for harassment. I would urge any person who believes they are a victim of this crime to report it to An Garda Síochána.

Coco's Law also provides for a new offence of sending, distributing or publishing a threatening or grossly offensive message by any means of communication with intent to cause harm to the victim. This offence covers once-off harmful communications, as distinct from harassment which requires persistent communication. This new offence carries a maximum penalty of an unlimited fine and/or 2 years’ imprisonment.

As the Deputy may be aware, I am currently leading work on a new whole of government strategy to combat domestic, sexual, gender-based violence. This new plan will have a particular focus on prevention, and on ensuring victims are better supported. It will set an overall goal of zero tolerance in our society for domestic, sexual and gender-based violence.

The Strategy has been developed in partnership with the sector to ensure it is targeted, comprehensive and effective in achieving all of the goals set out. One of the actions in the draft strategy is to review the criminal law to ensure that it is sufficiently robust to address harassment, including on the street, in social venues, etc. This action is aimed at ensuring that low level intimidation and harassment is adequately addressed.

In the coming weeks, I will be inviting feedback through a focused consultation process on the final draft of the Strategy to ensure it reflects the areas that people feel need the most attention.

I expect to bring the finalised Strategy to Government in March and I will oversee its implementation.

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