Claire Kerrane
Question:
218. Deputy Claire Kerrane asked the Minister for Justice if training has been provided to gardaí with regard to new stalking legislation; if he will advise the measures that have been introduced to facilitate gardaí with providing supports regarding stalking and harassment; and if he will make a statement on the matter. [14172/23]
View answer
I requested the information sought by the Deputy from the Garda authorities. Unfortunately, this information was not received in time, however, I will contact the Deputy directly once the information is to hand.
The following deferred reply was received under Standing Order 51.
As you are aware, in accordance with the Garda Síochána Act 2005 (as amended), it is the Garda Commissioner who is responsible for managing and controlling generally the administration and business of An Garda Síochána, including Garda training As Minister, I have no direct role in these matters.
As you know, both stalking and non-fatal strangulation are already crimes. I am proposing a number of changes to make the law in this area clearer and stronger.
These new provisions, which are included in the Criminal Justice (Miscellaneous Provisions) Bill, will:
• Amend section 10 of the Non-Fatal Offences Against the Person Act 1997 to introduce a standalone stalking offence, and amend the existing harassment offence
• Empower the courts to issue orders restraining stalking behaviours without a criminal prosecution
• Strengthen procedural protections for alleged victims of stalking during the court process
• Introduce a standalone offence of non-fatal strangulation
As you may also be aware the Bill is currently before the Houses of the Oireachtas. It has passed through the Dail and now has to go to the Seanad.
I am further advised that once the Criminal Justice (Miscellaneous Provisions) Bill is enacted the Garda authorities will carry out a training needs analysis and this will advise on the organisational approach to training members in the offences, powers and procedures from the legislation.
As you are aware harassment is already covered by existing legislation. Across phases I, II and III of the BA in Applied Policing Training Programme, Trainee and Probationer Gardaí are introduced to and revisit material that is relevant to providing supports regarding harassment.
Throughout the programme there is a wide variety of training material on legislation that touches on this topic.
The legislation is as follows:
• Non- fatal Offences against the Person Act 1997
• Victims’ Legislation
• The Bail Act
• Domestic Abuse Legislation.
I am advised that Garda policy relevant to training Gardaí to provide supports regarding harassment is also included across all 3 Phases of the BA in Applied Policing Training Programme, as follows:
• The Criminal Justice (victims of Crime) Act, 2017. This victim centred legislation provides a suite of supports for victims of crime including, information on first contact, continued liaison, supports and the victim impact statement.
• The Garda Charter of Victims of Crime.
• Human rights policy of An Garda Síochána.
• Garda victim liaison engagement (call-backs).
• The roles of the Family Liaison Officer and Specialist Victim Interviewer.
• Garda National Protective Services Bureau.
