I thank Senators for their contributions. Amendment No. 1 relates to the definition of an intimate image for the purposes of the offences at sections 2 and 3. A number of amendments on Report Stage in the Dáil yesterday sought to ensure that this definition included images that have been altered or doctored, commonly referred to as deep fakes. While I outlined to Deputies in the Dáil yesterday that I was confident that the original definition did in fact cover such alterations, I did understand their concerns and t…

I welcome any amendments. Irrespective of whether they are accepted, they play an important part in testing the legislation and making it more robust. Legislation should always be a challenged. Once a Bill has been tested by way of amendments and passes through this House, we can be more confident of it. Any comment about broadness within the Bill was more directed at one or two Senators who were making a few criticisms of the Bill. Amendments Nos. 5 to 8, inclusive, relate to section 2. Amendment No. 5 seeks to de…

I hope in cases of lesser offences, where intent is not needed, that many of the concerns raised by the Senators would be covered by section 3, which is a strict liability offence and intent is not required.

Amendments Nos. 9 and 12 relate to the issue of the retention of images. I have already outlined, in discussions on earlier amendments, the reasons that I am opposing amendments of this nature. I point out that the inclusion of retention in section 3 would arguably be more dangerous than in section 2, as there is no requirement in section 3 to prove any intention in respect of the offence. I am not satisfied that this would be appropriate and therefore cannot support these amendments. On amendment No. 10, I do not …

Amendments Nos. 14 and 15 seek to include private messages within the ambit of the offence under section 4. Senators will understand the difficulty in seeking to legislate in the area of communications, speech and private interactions. It is imperative that any such offences do not interfere unduly with the constitutional right to the freedom of speech and that they are proportionate. Extensive consultations were held with relevant justice stakeholders to develop this offence and the main concerns were that a very …

I believe under this legislation, it probably is not.

To be clear, no one is suggesting that this would be in the common good. Where any private information is shared, where that is intended to be harassing, is unacceptable, wrong and something that should be addressed. Speaking on this section of the Bill, it does not seek to make doxxing a criminal offence. That is not to say that it is not wrong or that it should not be a criminal offence but it simply is not being dealt with within this Bill. I do not suggest that doxxing or anything similar can be done in the com…

Yesterday I brought a Bill to the Dáil which will be before the Seanad in the new year, the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill. It has requirements that banks will have to share personal information with State bodies. I also refer to other areas dealing with whistleblowing, for example. Consequently, any potential unintended consequences around the word "privacy" must be guarded against. Unfortunately, the word is not defined here and in those circumstances I cannot accept …

Subsection (2) goes to the definition of "intent" as opposed to defining what "harm" is. Under subsection (1), there is a requirement that it must be a threatening or grossly offensive communication to another person. The Attorney General and the DPP are satisfied that there are no concerns that legitimate communications could be covered by this. As Senator Ruane points out, legitimate communication can be used for illegitimate purposes. We must ensure that the use of those types of communication is covered when th…

Amendment No. 16 seeks to include a new offence of harassment in the Bill. I draw the attention of Senators to section 10 of the Bill which amends the existing offence of harassment contained in section 10 of the Non-Fatal Offences against the Person Act 1997. As the Minister, Deputy McEntee, mentioned in the Dáil, she agreed with the extension of the offence of harassment to include persistent communications about a person rather than simply communications with another person. This is considered appropriate in the…

The views taken with the amendments to the Bill is that the 1997 Act, albeit a bit old, contains flaws identified by the LRC which will be addressed by these amendments. A one-year report and a three-year review will be carried out on the Bill, if passed. This amendment is extending the remit of the Bill. At the moment, harassment under the existing law is only to the person. This extends the law to where it is about the person. Perhaps I misspoke but I wish to make it clear that this extends it to where it is not …

Amendment No. 18, proposed by Senators in relation to the waiving of anonymity of a victim, is not considered necessary. The Minister, Deputy McEntee, took the concerns of Deputies and Senators into consideration and introduced an amendment into section 5(2) in the Dáil providing that there is an obligation on a judge to take into account the views of the alleged victim of an offence under section 5. The aim of these provisions is to protect the victim from being identified, not the perpetrator. As such, the wishes…

The line relating to taking the victim's view into consideration is standard across all legislation. It comes from two issues. One is that it is about not fettering judicial discretion, so that section is included. However, the courts and our Constitution always lean towards law being practised in public. That is the starting point. If a victim states to the judge that he or she wants the information to be put into the public domain, it is something the court must take into consideration, as well as other matters w…

With regard to the issues involving the regulation of social media, it is not a matter for the Department of Justice and does not come under this Bill. It would lie with the new Department of Environment, Climate and Communications. I understand the Minister, Deputy Eamon Ryan, has published a scheme for an updated Bill on the issues of online safety and media regulation. There are commitments in the programme for Government in that regard and on the establishment of a digital safety commissioner, which will certai…

I thank the Senators for their contributions. Section 7 refers to summary offences only or where someone is charged summarily. Section 10(1) of the Petty Sessions (Ireland) Act 1851 provides that summary prosecutions must be initiated within a time limit of six months. The time limits provided for in law for summary offences reflect the fact that an individual should not have a relatively minor offence that is summary in nature hanging over that person for a disproportionate period. Section 7 already extends the ti…

I understand where Senator Ward is coming from. The Office of the Parliamentary Counsel recommended using this wording to ensure there was absolutely no conflict between that Act and this one, because of the difference in the ages between the two sections.

I appreciate and understand the Senators' concern on the issue. I want to see civil restraint orders happen. Section 13 of the Bill as initiated provided for civil restraint orders. On Report Stage in the Dáil, it was agreed to delete the civil restraint orders provisions from the Bill. I understand that the Minister, Deputy McEntee, and the sponsor of the Bill, Deputy Howlin, had agreed that they would support the deletion at this time. Amendment No. 22 now seeks to introduce such provisions. The Minister gave a c…

I cannot give a specific timeline now. However, when we come back in January, I expect to be able to give a more definitive timeline on both Bills.

I thank the Senator for bringing forward these amendments. Amendments Nos. 23 to 25, inclusive, all refer to the amendment to section 10 of the Non-Fatal Offences Against the Person Act 1997. My officials have considered this issue in detail and had extensive consultations with stakeholders in the criminal justice system. There was broad support for the existing harassment offence as one that works and I would caution against changing it too much. Amendment No. 23 appears to be technically flawed insofar as it is a…

I suppose it will always be a matter for the courts to interpret, and in judicial discretion to assess, whether the event is or is not serious. However, as I say, the concern is that if one does not have that word there, the bar would be set extremely low and could bring in many issues as a criminal offence that it may not be intended to do so.