Written answers

Thursday, 20 April 2023

Department of Justice and Equality

Courts Service

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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303. To ask the Tánaiste and Minister for Justice and Equality if he is aware that the Courts Service is unable to confirm if there have been any convictions under the Harassment, Harmful Communications and Related Offences Act 2020 as prosecutors may use free text codes for which it is not possible for the service to run reports; the action he will take to rectify this serious matter. [18637/23]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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The Harassment, Harmful Communications and Related Offences Act 2020 was commenced on the 10th February 2021. Along with other provisions, it created two new offences of sending, or threatening to send, intimate images without the consent of the person whose image it is. It also broadened the existing offence of harassment and provided 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, which means our legislation now covers once-off communications as well as harassment.

As the Deputy is aware, the codes for convictions under the Harassment, Harmful Communications and Related Offences Act 2020 went live on 7 February 2023 on both the pulse system and the courts service system. I am informed that prior to that date, convictions under the Harassment, Harmful Communications and Related Offences Act 2020 would have been recorded on the Courts Service system using free text and as such it is not possible to provide numbers in relation to convictions under the Act which were secured prior to that date.

As I know this is an issue that the Deputy has enquired about before and in order to be of assistance, I requested information from An Garda Síochána in relation to their work which the Deputy may find useful.

I have been informed that, to date, An Garda Síochána have commenced 105 prosecutions (charges/summonses), related to 82 investigations, under the Harassment, Harmful Communications and Related Offences Act 2020.

Gardaí anticipate that the numbers of prosecutions will continue to rise as further reports are received and the consequent criminal investigations progress.

It may also interest the Deputy to know that An Garda Síochána continues to partner with Hotline.ie which has created an online reporting facility that enables victims of intimate image abuse (IIA) to report this type of criminal activity to Gardaí, via the hotline website, while simultaneously making an IIA content removal request. Where victims request, Gardaí will conduct a thorough criminal investigation with a view to prosecuting offenders, while Hotline will engage with the relevant service provider to seek the removal of the harmful content reported.

At the time of receiving this information from An Garda Síochána, 185 reports had been received from Hotline.ie. Following the removal of the reported links by Hotline.ie and further engagement by An Garda Síochána, 111 cases had been closed with no further action requested while 74 cases remained under assessment/investigation.

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