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.