Dáil Éireann Debate, Wednesday - 22 April 2009
419 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 the home of a person or witness. [15482/09]
Amharc ar fhreagraThe Deputy will be aware that there 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. The Criminal Justice Act 2007 empowers the Court, following the conviction of a person for a serious offence, to make a ‘protection of persons' order. The purpose of the order is to protect the victim of the offence or any other person named in the order, who might be a relative of the victim or a witness, from harassment or intimidation by the offender. 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, and I have indicated my intention to increase the already lengthy penalties provided for in this regard. I am examining, in the context of the Programme for Government commitments, what further steps may be necessary in relation to ‘stay away' orders.
420 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he plans to legislate to allow gardaí to issue restriction orders. [15483/09]
Amharc ar fhreagraThe Deputy will be aware that the constitutional rights of individuals must be balanced against any procedures which seek to restrict movement or access. As a consequence, the power to impose such restrictions is the preserve of the courts. In general the courts will consider the necessity of imposing such restrictions following an application by the Gardaí. There are several provisions on the statute book at present which provide for restrictions, including:
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 to provide for Gardaí to issue restriction orders.
