Charlie Flanagan

The Cabinet has approved the drafting of amendments to the Harassment, Harmful Communications and Related Offences Bill 2017, which was introduced by Labour TD Brendan Howlin following a 2016 report by the Law Reform Commission.

Speaking after yesterday’s Cabinet meeting, Justice Minister Charlie Flanagan said: “Today’s agreement by Government means that the Office of the Attorney General can begin drafting the Government amendments to the bill on a priority basis so that we can advance it through the Oireachtas as soon as possible.

“I wish to acknowledge the work of the Law Reform Commission and the co-operation of Deputy Brendan Howlin, the sponsor of this private members’ bill. Deputy Howlin has worked constructively with my Department officials and the Attorney General to ensure that this important bill can progress.”

The bill proposes a number of new offences, including taking and distributing intimate images without consent, online or digital harassment, a specific offence of stalking, an expanded offence with regard to sending threatening or indecent messages and also one which will deal with “revenge pornography”.

After taking legal advice, the Government agreed to make technical amendments to make sure it meets the standard for the creation of new criminal offences and is consistent with existing laws.

The Government amendments will also proposed the creation of a new image-based offence of “upskirting”.

Mr Flanagan said: “It is essential that the law keeps pace with social change. Technology plays an increasing role in all of our lives and this legislation will address some of the heinous crimes that have emerged in recent times.

“The bill proposes to introduce new offences to deal with the appalling recent phenomenon commonly known as ‘revenge pornography’; the taking and distribution of intimate images without consent, whether or not there is intent to cause harm or distress; and harassment to include all forms of communication including through online or digital communications or communications about another person.

“It also provides for a specific offence of stalking and the expansion of the existing offence of sending threatening or indecent messages. These actions have a profoundly distressing and long-lasting impact on the victims and it is right that they be subject to criminal sanction.

“The Government has afforded priority to this Bill, which I know will be welcomed by many civil society organisations supporting those affected by these crimes. With the cooperation of all members of the Houses of the Oireachtas, I hope that this legislation can be implemented as soon as possible.”