Stalking to become standalone offence under Irish law 

Ministe for Justice Helen McEntee is bringing a memo to cabinet to make stalking and non-fatal strangulation standalone offences. Picture: Gareth chaney/Collins

Stalking is to become a standalone criminal offence under Irish law, carrying a maximum prison sentence of 10 years, Cabinet will agree today.

Helen McEntee is to bring a memo to Cabinet on new legislation which will make stalking and non-fatal strangulation standalone offences.

The justice minister promised to publish the new criminal offences following the killing of Offaly school teacher Ashling Murphy.

Provisions of proposed law

While stalking itself is already covered by existing law, Ms McEntee is proposing changes to make the law "clearer and stronger," she told the Dáil previously.

Una Ring flanked by Garda Inspector Eoghan Healy and Sergeant John Sharkey outside Cork Circuit Criminal Court. Ms Ring, whose stalker was jailed for seven years, played a major part in developing the new proposed law. See link at foot of this article. Picture: Daragh McSweeney/Cork Courts

The changes will include the explicit reference to stalking as a criminal offence, and it will update the law to make sure it includes all forms of modern communications.

It will make it clear that stalking includes watching or following a victim, even where they are not aware of being watched or followed.

It will also consider introducing a provision to allow a victim, in very serious cases, to apply to the court for an order to prevent the alleged perpetrator from communicating with them in advance of a trial.

Finally, it will make it clear that impersonating the victim, and then communicating with a third party, is illegal.

Ms McEntee said in January that while choking and strangling are already illegal, creating a new, standalone offence should encourage victims to come forward and report what has happened.

The stalking legislation is based on a bill written by Fianna Fáil senator Lisa Chambers who last year worked with campaigners Una Ring and Eve McDowell. The new legislation will also allow victims to seek barring orders in the civil courts, to give them more protection.

Evidence from other jurisdictions noted an increase in convictions when stalking was made a standalone offence.

Fianna Fáil senator, Lisa Chambers, whose bill forms the basis of the new legislation being brought forward to Cabinet by Justice Minister Helen McEntee. Picture: Brian Lawless/PA

A further memo will also come to the cabinet on Ukraine with further statistics and planning for the influx of refugees into the country, including a note that Cork's Mill Street is set to open this week as an emergency accommodation facility. 

Cabinet will hear that numbers of people entering the country from Ukraine are down in the last 10 days as flights become less frequent.