John Lahart (Dublin South West, Fianna Fail)
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133. To ask the Tánaiste and Minister for Justice and Equality if she will expedite legislation on stalking. [8605/22]

Helen McEntee (Meath East, Fine Gael)
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Stalking is a traumatic and profoundly intrusive crime. It can cause devastating psychological harm, and may also be a precursor to acts of serious physical violence.

It is important to emphasise that stalking behaviour can be, and is, prosecuted under section 10 of the Non-Fatal Offences Against The Person Act 1997 and that it carries a sentence of up to 10 years. 

That said, I am particularly conscious of the evidence that shows that when a specific offence of stalking has been introduced in other countries, it has led to an increase in the number of victims coming forward. This in turn has led to an increase in the number of those who are guilty of these crimes being prosecuted and convicted.

I am committed to bringing forward legislative proposals to strengthen the law in respect of stalking and I have been working closely with the Attorney General in relation to this. 

I expect to bring to Government shortly a legislative proposal which will:

- Clarify and widen the scope of conduct that may constitute stalking and what should be taken into account by courts

- Provide for court orders to tackle stalking behaviour at an early stage and before its consequences worsen

- Ensure that we recognise that stalking offences may take place and may be dealt with by Gardaí even if the victim isn’t yet aware of the behaviour

- Revise and update the existing section 10 harassment offence

I expect to progress these changes through the Criminal Justice (Miscellaneous Provisions) Bill 2022, which I intend to publish before Easter.

Colm Burke (Cork North Central, Fine Gael)
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134. To ask the Tánaiste and Minister for Justice and Equality if she will make changes to the law on guardianship and parentage in relation to children born through international surrogacy; and if she will make a statement on the matter. [8670/22]

Helen McEntee (Meath East, Fine Gael)
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Issues which arise from international surrogacy arrangements raise important questions in respect of rights and ethics, and concern areas of law that intersect across the remits of several Government Departments.

I have had ongoing engagement and discussion with the Minister for Health, the Minister for Children, Equality, Disability, Integration and Youth and the Attorney General on issues relating to international surrogacy. 

In January 2022, the Government agreed to propose the establishment of a Special Joint Oireachtas Committee on International Surrogacy.  The Special Joint Oireachtas Committee is expected to report with recommendations within three months of its establishment, with the possibility of a short extension.

In addressing issues arising from international surrogacy, care must be taken to ensure that the rights, interests and welfare of all persons involved in international surrogacy arrangements – children born through surrogacy, surrogate mothers, parents and intending parents – are considered. 

I believe that the cross-party Special Joint Oireachtas Committee is best placed to examine the complex issues surrounding international surrogacy and to make recommendations based on the analysis of that evidence.

Following consideration of the recommendations of the Special Joint Oireachtas Committee by me and my colleagues, the Minister for Health and the Minister for Children, Equality, Disability, Integration and Youth, any necessary legislative proposals will be submitted to Government.

Under the existing law, the genetic father of a child born through surrogacy may apply for a declaration of parentage in respect of the child under section 35 of the Status of Children Act 1987. If the declaration of parentage is granted, the father may apply for guardianship under section 6A of the Guardianship of Infants Act 1964.

An intending mother of a child born through surrogacy, not being the birth mother of the child, cannot be granted a declaration of parentage under the Status of Children Act 1987.  An intending father who is not the genetic father of the child also cannot be granted a declaration of parentage. 

Under section 6C of the Guardianship of Infants Act 1964, a person can apply to be appointed as a child’s guardian if he or she is married to, or in a civil partnership with, the child’s parent or has cohabited with the child’s parent for over three years and if the person has shared responsibility for the child’s day-to-day care for more than two years.