New plans for civil restraining orders against stalkers

Justice Minister Helen McEntee TD brought forward the updated plan on stalking and harassment legislation to better support victims. Picture: Sasko Lazarov/RollingNews.ie

The Government has approved new plans to allow victims of stalking and harassment to seek civil restraining orders against the perpetrator.

The updated plan was brought forward by Justice Minister Helen McEntee as part of efforts to better support victims of stalking and harassment

Alongside provisions to allow for civil restraining orders, there will be changes to protect the identities of victims of harassment and stalking in court and restrictions on cross-examination by those accused of sensitive crimes.

The new measures are due to be introduced through amendments made to the Criminal Justice (Miscellaneous Provisions) Bill 2022, which is currently progressing through the Seanad.

Ms McEntee said that the amendments are being brought forward as part of efforts to help “reassure” victims of stalking and harassment if they come forward.

“These amendments will address several outstanding issues and, importantly, will reassure victims of these awful crimes that they will be listened to, that they will be treated with respect and dignity, and that they will be protected,” Ms McEntee said.

“The new system of civil orders is important as these target stalking at an early stage. 

They will restrain stalking behaviour and protect victims. These orders allow earlier intervention and do not require a criminal prosecution.

“It is a vital piece of criminal justice legislation which I am determined to see enacted.”

She added that the new orders will go further than what is currently available under domestic violence legislation. Currently, restraining orders are only available to a victim if they are in a relationship.

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The overall bill, first announced in August 2022, will make stalking a standalone offence and introduce a 10-year maximum sentence for the crime. There will also be increases to the maximum sentence for assault causing harm to 10 years, as well as the introduction of life sentences for conspiracy to murder.

Minister of state James Browne said that victims of stalking and harassment needed to feel protected “throughout the entire criminal justice process”.

“We know that historically, many people may not have felt able to come forward because they did not have confidence that the system would support and protect them.

Minister for State James Browne  said victims of stalking and harassment needed to feel protected 'throughout the entire criminal justice process'. Picture: Gareth Chaney/ Collins Photos

“I hope that the amendments announced today will allow victims to have confidence in the criminal justice system and feel supported when making reports to An Garda Síochána,” Mr Browne said.

Ms McEntee expects that the bill itself will be enacted and become law by July. However, the Government had initially promised that the legislation would be in place at the end of 2022.