Irish Examiner view: Stalking laws are not fit for purpose

Minister must listen to victims' call for more effective legislation

Victims of stalking want provisions in law similar to what is already in place in Scotland, England and Wales for over a decade.

Ireland is a sparsely populated country though our new enthusiasm for home working may turn that tide slightly and, hopefully, reinvigorate struggling rural communities. Because of that, many of us have an idea of personal space that might not survive in one of today's conurbations. Some of us imagine that our personal space is related to the size of County Cork — 1.853m acres — rather than petite Louth, a county of 204,100 acres. 

Yet, even the idea of modest personal space collapses when, as it occasionally does, footage of one of the world's busiest city pedestrian crossings, Tokyo's Shibuya, is broadcast. Though only a tiny proportion of Tokyo's 10m residents use it each day it shows, at least for someone more used to the windy stretches of, say, the Dingle peninsula, the Galtees or even the Lee Fields, an unsettling density of cheek-by-jowl humanity. Yet, as we report today, the vulnerability of being alone, especially for women, can be far more unnerving than even a sardine-tin journey in, again, Tokyo where Japan Metro, the world's busiest subway, carries an astonishing 3.16bn passengers each year.

Yet, being a tiny atom of that tsunami seems far preferable to being the isolated target of a stalker whose fantasies, sexual or otherwise, have pushed them well beyond anything normal or acceptable.

Una Ring, from Cork, and Eve McDowell, from Sligo, have experienced that nightmare and they have come together to work to have more effective legislation enacted. Both feared for their lives at one point or other during their ordeal but because our laws do not recognise stalking as a standalone crime gardaí could not intervene to protect them as early as they might have wished.

Men were convicted in both cases. One, James Steele, 52, from Rosscarbery, Co Cork, was arrested outside Ms Ring’s home in July and was jailed for five years. He was carrying a rope, duct tape, and a crowbar. He was wearing a dildo inside his trousers when arrested. The violent intent behind those preparations, especially as he had no connection with his intended victim, must cast doubt over a five-year sentence especially as it may well be far shorter.

Those brave women want Irish legislation to echo provisions already in place in Scotland, England and Wales for over a decade ago. As part of that campaign, they have established a website to try to support others targeted by unhinged, potentially lethal stalkers. Their Stalking Ireland campaign has been endorsed by the Cork Sexual Violence Centre and a petition has been opened.

Five years ago, a Law Reform Commission (LRC) report recommended that stalking be made a separate offence. Equally, the Supreme Court has raised concerns about the ambiguity of words like “besetting” in the legislative framework gardai working to protect Una Ring, from Cork, and Eve McDowell — or any other victim of a stalker — must rely on. 

This necessary legislation, as might be said in another context, is not rocket science and a competent constitutional lawyer could prepare it well before April becomes May. Once again that old saw about things taking far too long in this country rings true. Let's hope no one is murdered while our parliament plods along, unable to make our laws, or protections, meet the needs of the day.