Dáil Éireann debate -
Tuesday, 2 Apr 1996

Vol. 463 No. 6

Written Answers. - “Stalking” Crimes.

Helen Keogh

Question:

78 Ms Keogh asked the Minister for Justice her Department's role in relation to the form of harassment known as stalking; the changes, if any, she intends to recommend to the law to address this issue; and if she will make a statement on the matter. [6412/96]

Ray Burke

Question:

91 Mr. R. Burke asked the Minister for Justice the plans, if any, she has to introduce legislation with a view to preventing the stalking of individuals. [7026/96]

Minister for Justice (Mrs. Owen)

I propose to take Questions Nos. 78 and 91 together.

In their report entitled Non Fatal Offences Against the Person, published in 1994, the Law Reform Commission made two recommendations which are relevant

(a) they recommended that the maximum penalty under section 7 of the Conspiracy and Protection of Property Act, 1875 should be increased to five years (at present it is three months).

(b) they recommended a new offence of harassment which "would capture, for example, the acts of an infatuated psychotic who follows a woman in order to gain her affection". The recommendation was that "a person who, without lawful authority or reasonable excuse, harasses another by persistently following, watching or besetting him or her in any place, by use of the telephone or otherwise, should be guilty of an offence ... when his or her acts seriously interfered the others peace or privacy".

As I announced in December 1995 the Government has approved the drafting of legislation to amend the law relating to non fatal offences against the person, which would take account of the recommendations of the Law Reform Commission. That legislation is being drafted at the moment and I hope to publish a Bill shortly. The Bill will implement the recommendation of the Commission to increase the penalty under section 7 of the 1875 Act at (a) above and will also contain a provision as recommended by the Commissioner to deal with "stalkers".

The existing law which might cover this type of offence is the above mentioned provision in the Conspiracy and Protection of Property Act, 1875, which makes it an offence where a person "with a view to compel any other person to abstain from doing or to do any act ... wrongfully and without legal authority,

(1) uses violence to or intimidates such other person or his wife or children, or injures his property, or

(2) persistently follows such other person about from place to place, or

(3) watches or besets the house or other place where such person resides or works, or happens to be, or the approach to such house or place.".

This coercion provision which appears to have been aimed at trade disputes, is not confined to such disputes or to disputes between employer and workman and could be used in suitable cases against "stalkers". The DPP's office has no record of a case of stalking having been reported to it.

Apart from this a victim of stalking, under the civil law, can seek an injunction from the High Court or Circuit Court against the stalker to stop the harassment.