Written answers

Wednesday, 18 January 2023

Department of Justice and Equality

Legislative Programme

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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1111. To ask the Tánaiste and Minister for Justice and Equality if there is an update as to when the Non-Fatal Offences Against the Person (Stalking) Bill 2021 will be passed; and if he will make a statement on the matter. [1242/23]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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The Bill referred to by the Deputy, the Non-Fatal Offences Against the Person (Amendment) (Stalking) Bill 2021, is a Private Member's Bill sponsored by Senators Chambers, Fitzpatrick and McGreehan .

As the Deputy will appreciate once published, a Private Member's Bill becomes the property of the Houses. Its passage and any amendments to the Bill are carried out according to a schedule set down by the Committee or House in which the Bill resides.

As Minister I have no role in these functions and am unable to provide an update on the current status of the Bill in question as a result.

As the Deputy may be aware however, Minister McEntee secured Government approval to draft legislation to make stalking a standalone offence.

The Criminal Justice (Miscellaneous Provisions) Bill, which is currently before the Houses will introduce this new standalone offence for stalking, and will also introduce a new standalone offence of non-fatal strangulation. This will deliver on key commitments contained in the Third National Strategy on Domestic Sexual and Gender-Based Violence, our Zero Tolerance Plan.

While both stalking and non-fatal strangulation are already crimes, I am proposing a number of changes to make the law in this area clearer and stronger.

These new provisions, 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, and

- Introduce a standalone offence of non-fatal strangulation

The Criminal Justice (Miscellaneous Provisions) Bill passed Dáil Second Stage on 13 October 2022, and Dáil Committee Stage on 8 November. Scheduling of Dáil Report stage is awaited. I can assure the Deputy that I am committed to progressing this important piece of legislation at the earliest possible opportunity.

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