Vol. 467 No. 2
27 Mr. E. Byrne asked the Minister for Justice the plans, if any, she has to introduce legislation to outlaw stalking in view of increasing concern at this practice and the fear felt particularly among women; and if she will make a statement on the matter. [12839/96]
76 Mr. Lenihan asked the Minister for Justice the plans, if any, she has to introduce a criminal offence of harassment of people or the stalking of people; and if she will make a statement on the matter. [12902/96]
I propose to take Questions Nos. 27 and 76 together.
In its report entitled Non Fatal Offences Against the Person, published in 1994, the Law Reform Commission made two recommendations which are relevant: it 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); it 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 Commission to deal with "stalkers".
