Dáil Éireann Debate, Tuesday - 11 November 2008
383 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he plans to increase Garda powers to issue stay away orders when there is harassment in public places or at a person’s or witness’s home; and if he will make a statement on the matter. [40040/08]
Amharc ar fhreagraThere are, of course, legislative provisions already in place to oblige people to stay away from other people or places. Thus, the Non Fatal Offences against the Person Act 1997 permits the court, in appropriate cases, to order a person not to communicate with a specified person or not to approach within a specified distance his/her home. Section 41 of the Criminal Justice Act 1999 makes it an offence to threaten or intimidate a witness or potential witness or members of his/her family with the intention to pervert the course of justice. I am examining, in the context of the Programme for Government commitments, what further steps may be necessary in relation to ‘stay away' orders.
384 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he plans to legislate to allow the Garda to issue restriction orders; and if he will make a statement on the matter. [40041/08]
Amharc ar fhreagraRestrictions on movement or access can give rise to consideration of the extent to which such restrictions are in compliance with constitutional rights. It is, therefore, generally the case that these restrictions are imposed by the courts, on application by the Garda.
The following are among the provisions currently on the statute book which provide for restrictions: (i) exclusion orders under Part 2 of the Criminal Justice (Public Order) Act 2003, (ii) section 101 of the Criminal Justice Act 2006 (an alternative to a custodial sentence), (iii) warnings and orders under Parts 11 and 13 of the Criminal Justice Act 2006 (anti-social behaviour) and (iv) post release orders under section 26, Criminal Justice Act 2007. Conditions attaching to bail (under section 6 of the Bail Act 1997) may also entail some restrictions.
I have no plans at present to provide for the Garda to issue restriction orders.
