Dáil Éireann Debate, Wednesday - 22 May 2024
128. Deputy Mary Lou McDonald asked the Minister for Justice if he will provide an update on the commencement of S27-47 (Part 5) of the Criminal Justice Miscellaneous Provisions Act 2023; the reason for the delay in commencing Part 5 of the Act; and when Part 5 of the Act providing for much needed civil orders against stalking will be commenced. [23232/24]
View answerThe Criminal Justice (Miscellaneous Provisions) Act 2023 (the “2023 Act”) completed its passage through the Oireachtas and was signed into law by the President on 19 July 2023. The bulk of its provisions were commenced with effect from 1 November 2023.
Part 5 of the 2023 Act introduces a new system of civil orders designed to prevent stalking and protect victims. These orders represent an important first step in addressing stalking behaviour by allowing for earlier intervention without requiring the level of proof needed to secure a criminal conviction. An affected person, or a member of the Garda Síochána acting on their behalf, can apply to the District Court for an order prohibiting another person from engaging in relevant conduct.
This new approach extends protections currently available to certain victims under the Domestic Violence Act 2018 to all victims of stalking behaviour, regardless of their relationship with the perpetrator. These civil orders complement the criminal post-conviction orders available under the new section 10(4) of the 1997 Act, which apply when a person has been found guilty of harassment or stalking offences.
In respect of stalking, there are several other important provisions in the 2023 Act:
• The existing harassment offence in section 10 of the Non-Fatal Offences Against the Person Act 1997 has been widened and reformulated to include any persistent conduct that seriously interferes with a person’s peace and privacy or causes alarm, distress, or harm.
• A new stalking offence has been introduced, defined in terms of causing either a fear of violence or serious alarm and distress that has a substantial impact on a person’s day-to-day activities.
• Expanded protections for victims in both the criminal and civil processes, including under the new section 10A of the 1997 Act and in amendments to the Criminal Evidence Act 1992 and Part 5 of the 2023 Act. These include, for example, restrictions on the publication of the victim’s identity, restrictions on cross-examination in person by the accused, the ability to give evidence via video-link, or to give evidence from behind a screen.
Both the harassment and stalking offences, and the new civil order system, use an open definition of the kinds of conduct that can constitute the offence. While an illustrative list of behaviours is included, the offence is flexible enough to cover any form of conduct.
Additionally, these changes are made in the context of other important measures:
• An increase in the penalty for the offence of “assault causing harm” under section 3 of the 1997 Act, from 5 to 10 years’ imprisonment. While a life sentence can be imposed for the offence of "causing serious harm" under section 4 of the 1997 Act, many assaults are prosecuted at the lower levels. An “assault causing harm” under section 3 may nonetheless be of significant seriousness and is one of the most commonly charged offences in cases of domestic abuse. This amendment ensures that a sufficient penalty is available to address the gravity and range of assaults prosecuted under section 3.
• The introduction of an offence of non-fatal strangulation or non-fatal suffocation in section 3A of the 1997 Act, punishable by up to 10 years’ imprisonment. This type of behaviour is a common feature of domestic abuse. It is overwhelmingly perpetrated by men against women and may be a strong predictor of the potential for more serious violence. Unlike the section 3 assault offence, it may be prosecuted as a serious offence without the need to identify physical harm caused to the person.
As the Deputy is aware, Part 5 of the 2023 Act is yet to be commenced. Given that this is an entirely new system, it has required proper legal and operational preparations, including the drafting and adoption of new rules of court. However, commencement preparations are at an advanced stage, and I expect to be in a position shortly to formally set the date for the provisions of Part 5 to come into operation.
