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Proposed Legislation

Dáil Éireann Debate, Wednesday - 25 November 2020

Wednesday, 25 November 2020

Questions (168, 177, 179, 181)

Cathal Crowe

Question:

168. Deputy Cathal Crowe asked the Minister for Justice her plans to introduce legislation on the revenge porn issue. [38905/20]

View answer

Seán Haughey

Question:

177. Deputy Seán Haughey asked the Minister for Justice if she will introduce legislation to deal with harassment, harmful communications and related offences; and if she will make a statement on the matter. [39030/20]

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Paul McAuliffe

Question:

179. Deputy Paul McAuliffe asked the Minister for Justice her plans to introduce the Harassment, Harmful Communications and Related Offences Bill 2017 or similar legislation to deal with the issue of revenge porn; and if she will make a statement on the matter. [39114/20]

View answer

Cian O'Callaghan

Question:

181. Deputy Cian O'Callaghan asked the Minister for Justice if new legislation will be introduced to deal with digital image-based abuse and sharing of images without consent; and if she will make a statement on the matter. [39220/20]

View answer

Written answers

I propose to take Questions Nos. 168, 177, 179 and 181 together.

I fully support the Programme for Government commitment to enacting legislation in this area and the Harassment, Harmful Communications and Related Offences Bill is being progressed as a priority. The Bill is scheduled for Committee Stage in the Dáil on 1 December 2020.

Yesterday, I secured Cabinet approval to bring forward amendments to the Harassment, Harmful Communications and Related Offences Bill to provide for two new offences to deal with the non-consensual distribution of intimate images.

The first offence will deal with the taking, distribution, publication or threat to distribute intimate images without consent, and with intent to cause harm to the victim. It is intended to carry a maximum penalty of an unlimited fine and/or 7 years’ imprisonment.

The second offence will deal with the taking, distribution or publication of intimate images without consent without a requirement that the person intended to cause harm to the victim. It is intended that this offence will carry a maximum penalty of a €5,000 fine and/or 12 months’ imprisonment.

The amendments proposed also provide that it will be irrelevant that a person may have consented to the taking of an image if it is subsequently published or distributed without their consent. It will be an aggravating factor for the purposes of sentencing if the perpetrator of the offence is or was in an intimate relationship with the victim of the offence.

Further amendments approved by Cabinet will update harassment legislation to broaden the scope of the offence of harassment to cover all forms of persistent communications about a person, not just indecent images, and to increase the penalty from seven to ten years to reflect the harm that can be caused by most serious forms of harassment.

Harassment and abuse in any form, whether online or otherwise, is utterly unacceptable and has no place in Irish society. I am, along with my Government colleagues, fully committed to tackling abusive behaviour in all forms. The standards of what is unacceptable in an online setting must be consistent with those in traditional settings, and cross government initiatives are underway to address this.

Progression of the Harassment, Harmful Communications and Related Offences Bill is a priority action for me as Minister for Justice and I am committed to seeing it enacted as quickly as possible. I would like to acknowledge the cooperation of Deputy Brendan Howlin in advancing the proposed amendments and I very much welcome the support expressed by all for this legislation. I look forward to progressing through the legislative process as soon as possible.

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