Written answers

Tuesday, 5 July 2022

Department of Justice and Equality

Domestic, Sexual and Gender-based Violence

Photo of Cathal CroweCathal Crowe (Clare, Fianna Fail)
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26. To ask the Tánaiste and Minister for Justice and Equality when she will legislate against stalking; and if she will make a statement on the matter. [35644/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy may be aware, I recently secured Government approval to draft legislation to make stalking a standalone offence.

The introduction of this new offence forms part of the Government’s zero tolerance approach to domestic, sexual and gender based violence, and is a key action in the Third National Strategy which was approved by Government last week.

While stalking is already a crime, I propose a number of changes to make the law in this area clearer and stronger.

These new provisions, which will be included in the Criminal Justice (Miscellaneous Provisions) Bill, will:

- Amend section 10 of the Non-Fatal Offences Against the Person Act 1997 to introduce a standalone stalking offence, and amend the existing harassment offence;

- Empower the courts to issue orders restraining stalking behaviours without a criminal prosecution; and

- Strengthen procedural protections for alleged victims of stalking during the court process.

Stalking is an extremely serious and intrusive crime that can cause devastating psychological distress. It may also be a precursor to acts of physical violence. Evidence suggests that having a specific offence leads to greater public awareness and to an increase in the number of cases being reported and prosecuted.

It is important to say that while these changes will improve the law, stalking is already a crime under the existing harassment offence. I would encourage victims of stalking to report it. It can be, and it is prosecuted. Offences carry a potential sentence of up to 10 years imprisonment and perpetrators should know they cannot act with impunity.

As I noted, the Government recently approved the drafting of these provisions and work in that regard is ongoing. The drafting of the text of the Bill in which they will be included is well advanced and is expected to be published in the coming weeks.

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