This amendment seeks to insert a new offence in the Non-Fatal Offences Against the Person Act 1997 modelled on the existing coercive control offence in the Domestic Violence Act 2018. However, this new offence would apply to everyone - not just intimate partners. People working with people at risk of abuse, coercion and exploitation understand that coercive control does not just happen in intimate relationships. I know the Minister understands this and I appreciate her considered response to me on Committee Stage a…

I accept why the Minister cannot accept this amendment today and I look forward to working with her along with Safeguarding Ireland and other organisations. The only thing I ask is time. We really need to do it sooner rather than later, and I do not want it to be delayed like the adult safeguarding legislation has been delayed. There are huge concerns and more and more people are being hurt, damaged and violated. It has been a nightmare, particularly for Safeguarding Ireland, which is working on those issues. I acc…

I am very pleased to be here to support the Bill on behalf of the Civil Engagement Group. I thank Sinn Féin for introducing this important and thoughtful legislation. I commend Senator Boylan on all the work she and her team have done on it. Politicians like Senator Boylan, my colleague, Senator Higgins, and Deputy Bríd Smith are doing very important work to highlight that environmentalism is not only necessary to limit the devastating effects of climate change but can also inspire new ways of doing things that cre…

I again raise the issue of Palestine. I sometimes feel that people might consider me a broken record or, even worse, that they will switch off and not listen to the latest update on what is happening to the Palestinian people. There is such a steady flow of bad news, broken promises and hideous oppression that it can render even compassionate people desensitised to the point of absolute numbness. We cannot let that happen. We need to reckon fully with the destruction being wrought by Israel and with the complicity …

I move amendment No. 4: In page 8, between lines 12 and 13, to insert the following: “Report on operation of sections 3 and 4 7. (1) The Minister shall, within twelve months of the passing of this Act, cause a report to be laid before both Houses of the Oireachtas regarding the operation of sections 3 and 4 , to include, inter alia , their impact on deterrence. (2) A report under this section shall consider sentencing guidelines more broadly, paying particular attention to the effectiveness or otherwise of mandator…

I move amendment No. 5: In page 16, between lines 17 and 18, to insert the following: “Non-intimate partner coercive control 23 . The Act of 1997 is amended by the insertion of the following section after section 9: “Non-intimate partner coercive control 9A. (1) A person commits an offence where he or she knowingly and persistently engages in a course of conduct that consists of abusive behaviour that— (a) is controlling or coercive, (b) has a serious effect on a relevant person, and (c) a reasonable person would c…

I am disappointed that the Minister will not accept the amendment. There is a perfect opportunity in this legislation to bring this in. It could not only be life changing for many vulnerable, older people out there, but it could be lifesaving. We could save somebody's life by doing this today. I encourage the Minister to change her mind on this. I will withdraw this amendment and I would like to have a chat with her about it before it comes back in. It is vital that she considers this for this Bill. How many people…

I move amendment No. 6: In page 17, lines 1 and 2, to delete “that has a substantial adverse impact on his or her usual day-to-day activities”. This suite of amendments seeks to expand what constitutes stalking within the Bill. Currently, the Bill contains a qualifier in that the harm caused by stalking must have a "substantial adverse impact" on a victim's usual day-to-day activities. This provision has rightly been criticised by many domestic violence groups and agencies. These amendments seek to provide a suitab…

I will withdraw the amendment and will resubmit at a later Stage. That will give Senator Ruane an opportunity to come in and discuss this matter with the Minister.

I move amendment No. 7: In page 17, between lines 2 and 3, to insert the following: "(iii) a substantial adverse impact on his or her usual day-to-day activities,".

I move amendment No. 8: In page 17, line 8, to delete "or serious alarm or distress that has" and substitute "serious alarm or distress, or".

I move amendment No. 9: In page 17, lines 8 and 9, to delete "that has a substantial adverse impact on his or her usual day-to-day activities".

I move amendment No. 10: In page 19, lines 27 and 28, to delete "that has a substantial adverse impact on his or her usual day-to-day activities". This grouping is amendments Nos. 10 to 12, inclusive.

Section 26 of the Bill provides for the granting of civil orders against "relevant conduct" and the Bill, as drafted, provides that civil orders can only be granted in circumstances where "relevant conduct" has been engaged in by a respondent towards an applicant. The issue these amendments try to address is that "relevant conduct" currently only captures behaviour which constitutes stalking but not harassment. As we believe it is important that civil orders should also be available to victims of harassment, the am…

I will withdraw the amendment and resubmit on Report Stage. Senator Ruane will discuss the matter with the Minister

I move amendment No. 11. In page 19, between lines 28 and 29, to insert the following: “(c) a substantial adverse impact on his or her usual day-to-day activities.”.

I move amendment No. 12: In page 19, between lines 28 and 29, to insert the following: “(c) serious interference with their peace and privacy, or (d) alarm, distress or harm.”.

Amendments Nos. 15 and 17 seek to provide that applications to the courts for civil orders can be made ex parte or by and for only one party to a dispute. The Bill, as drafted, provides that applications for these orders must be made on notice to the respondent. Amendment No. 15 simply provides that an application shall be made to the court for a civil order under section 27 of the Bill unless doing so would place the applicant at risk of harm. This acknowledges the risks associated with notifying a respondent in c…

I move amendment No. 15: In page 20, line 14, after "concerned" to insert ", unless doing so would place the applicant at risk of harm".

I move amendment No. 17: In page 20, between lines 14 and 15, to insert the following: "(3) Where, in the interests of the applicant’s safety and wellbeing, an application cannot be made on notice to the respondent concerned, an application may be made ex parte where, having regard to the circumstances of the particular case, the court considers it necessary or expedient to do so.".