Minister Helen McEntee to make stalking and non-fatal strangulation, stand-alone offences
Changes aim to create greater awareness and reporting of stalking offences.
Court orders restraining stalking behaviours without a criminal prosecution to be introduced.
Research shows non-fatal strangulation can be an indication of future, lethal violence.
The Minister for Justice Mrs Helen McEntee TD has secured Government approval to draft legislation to make stalking and non-fatal strangulation stand-alone offences.
The introduction of these new offences of stalking and non-fatal strangulation form part of the Government’s zero tolerance approach to domestic, sexual and gender based violence, and will be key actions in the Third National Strategy, latter which is currently being finalised by the Minister.
While both stalking and non-fatal strangulation are already crimes, the Minister is proposing a number of changes to make the law in this area clearer and stronger.
These new provisions, which will be 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
Stalking
On the creation of a standalone offence of stalking, Minister McEntee stated, “Stalking is an extremely serious and intrusive crime that can cause devastating psychological distress.
It may also be a precursor to acts of physical violence. Evidence suggests that having a specific offence leads to greater public awareness and to an increase in the number of cases being reported and prosecuted.
I have been struck by the bravery of campaigners sharing their experiences publicly. I have met and worked with Eve McDowell and Una Ring, the founders of Stalking Ireland, whose bravery in both recounting their personal stories and campaigning tirelessly for action to be taken on stalking has been extraordinary.
I also want to acknowledge the work of my colleague, Senator Lisa Chambers in advocating on behalf of victims of these crimes and bringing forward her own Private Member’s Bill. We are all united in our desire to tackle these serious and sinister crimes, to reduce their prevalence and prevent more serious acts of violence, for which stalking and non-fatal strangulation can be precursors of, from happening.
It is important to say that while these changes will improve the law, stalking is already a crime under the existing harassment offence. I encourage victims of stalking to report it. It can be, and it is prosecuted. Offences carry a potential sentence of up to 10 years. Perpetrators should not imagine they can act with impunity.”
The new stalking offence covers any conduct that either puts the victim in fear of violence or causes the victim serious alarm and distress that has a substantial adverse impact on their usual day-to-day activities. A wide list of possible acts is included – such as following, communicating, impersonating, interfering with property or pets etc. However, this list is not exhaustive.
The offence can be committed by a single act – it does not need to be persistent or repeated. It also covers situations where the person finds out about some or all of the stalking acts afterwards.
In sentencing, a court must consider as an aggravating factor and increase the sentence if the person has previously been convicted of offences against the victim, such as making threats to kill.
In addition, it is proposed that a court may make an order restraining stalking behaviours separately from a criminal prosecution.
These orders would require a lower burden of proof, and can be applied for by the affected person themselves, or by the Gardaí on their behalf. They can be made against any person. This will allow victims faster access to the courts to ensure they are safe and they feel safe.
Breach of an order would be, in itself, a criminal offence carrying a maximum of one year imprisonment. It may also be a basis for a criminal prosecution for a stalking or harassment offence.
The revised harassment offence is expanded to cover any persistent conduct – not just following, watching etc – causing a serious interference with peace and privacy, or alarm, distress or harm.
Non-fatal strangulation
The proposals on non-fatal strangulation will ensure assaults involving strangulation or choking can be prosecuted as a serious offence, even if there are no observable injuries.
Two new offences will be created.
The first provides that where an assault involves strangulation it has, without any other harm being shown, the same penalties as an assault causing harm offence – which currently carries a maximum penalty of five years imprisonment.
The second offence provides that where the strangulation caused serious harm, the maximum penalty is life imprisonment. This is similar to the existing offence of causing serious harm.
Minister McEntee added, “We know that non-fatal strangulation can be an indication of future, lethal violence and is a risk factor for homicides against women in the home. “Strangulation is highly prevalent in domestic abuse and frequently used as a tool of coercion, often accompanied by threats to kill. While choking and strangling are already illegal, it is hoped that creating this new offence will encourage victims to come forward and report what has happened to them.”
Research suggests that a history of strangulation presents a seven fold increase in the risk of death. Internationally, strangulation is the second-most common method of killing in adult female homicides, after stabbing.
Research also highlights that non-fatal strangulation is frequently used as a tool of coercion, often accompanied by threats to kill.
The long-term physical and mental health effects of strangulation are also serious. Studies report that even where there is little to no visible injury, longer-term physical effects have been identified including internal bleeding, dizziness, loss of memory and other neurological effects. There is also an increased risk of miscarriage. Psychological outcomes identified include depression, anxiety, suicidality, PTSD and dissociation.
The under-charging of strangulation and asphyxiation has been identified in several jurisdictions, including the United States, the United Kingdom, Australia and New Zealand.
The lack of observable injuries means that the offender’s conduct may be minimised, and may be charged as a less serious form of assault.
Destruction of Biodiversity on the Thurles Lady’s Well Right-of-Way & now destroyed Double Ditch Right-of-Way, are being denounced in Social Media threads. The threads begun by Thurles.Info and carried by @ThurlesHour demonstrate the growing feelings of lovers of our local environment and the distrust of County Councils and their officials.
Some of the remarks hereunder posted on Twitterby other people.
“County councils across Ireland don’t seem to ‘get’ nature.”
“Thurles Municipal District council got funding to design, secure planning & construct a river walk from Thomond Road to Turtulla. Landowner consent was not forthcoming. They decided to spend the money asap – removing all trees, laying down tarmac on the route of the Double Ditch!”
Biodiversity & Heritage Destroyed By Tipperary County Council & Irish National Parks and Wildlife Service, Without Any Local Consultation.
“Local authority greenway. No environmental oversight. Asphalt laid up to river. Token 2m buffer. Chain-link/welded mesh fencing down the side to ensue no critters pass. Eventually all these will need to be taken out, and the riverbanks restored.”
“Greenways are like a lottery win for quarry owners.”
“Wrecking the place.”
“What would a riverside greenway look like if it were ecologically sound? Is there an acceptable set back distance or preferred material?”
“This is happening along any path that is designated a Greenway.”
Thurles.Info now asks WHY?
Meanwhile: Attempts to contact Malcolm Noonan’s Office via email [Mos MOS@housing.gov.ie via mail3.itservices.gov.ie & malcolm.noonan@oireachtas.ie], between Sat, 22nd August 2020, and Thursday, 24th February, 2022, and on numerous other recorded occasions, fell on deaf ears. Currently staff at his constituency address; The Parade, Co. Kilkenny, do not even answer phone calls. In the past two years despite numerous attempts we have received only two “Automated Email Replies” from his office.
A Chara, Automatic reply: Destruction of Thurles Heritage Thank you for contacting the departmental office of Malcolm Noonan, T.D., Minister of State for Heritage and Electoral Reform. Your email will be reviewed and a response will issue in due course, should one be required. Le gach dea-ghuí, Malcolm Noonan Office of the Minister of State for Heritage and Electoral Reform
Our dealings with Mr Eamon Ryan TD have been equally ignored. Again we were sent 1 Automatic reply on Wed, 6th April 2022 and 4 on Mon, 11th April, despite being contacted only once, on each of the afore mentioned dates by myself. (So 4 staff opened it and decided to ignore the content.)
Automatic reply: Destruction of Thurles Heritage A chara, Many thanks for your email. As I am sure you can appreciate, I receive a large volume of emails on a daily basis. Your issue is important to me and myself or one of my team will be back to you as soon as possible. In the meantime, if you have a query relating to the below areas, you might find the following email addresses helpful: Matters related to Dublin Bay South constituency: eamon.ryan@oireachtas.ie Matters related to the Dept of Environment, Climate, Communications networks: minister.ryan@decc.gov.ie Eamon Ryan TD Minister for Environment, Climate, Communications and Transport.
Despite our email communications being civil, we have never spoken or received even one, single, reply from staff at Mr Eamon Ryan’s department. We did explain our problem on one occasion to a member of Mr Malcolm Noonan’s, Kilkenny Staff, who confirmed that they had received my emails in the past, but could not explain why they were not replied too.
Meanwhile, our dealings with staff at National Parks and Wildlife Service were equally disappointing. Early communications stated from NPWL stated, “Please note that if these works are part of development covered by planning permission then they are exempt from Section 40 of the Wildlife Act. John will update you on his findings in due course.”
Then NPWS service claimed they granted verbal permission to Tipperary Co. Council in late February on the grounds it was a road or other structure. Quote “However, it should also be noted that the clearance of vegetation in the course of road or other construction works or in the development or preparation of sites on which any building or other structure is intended to be provided is exempted under Section 40.”
The truth is, there was No Road; No new ConstructionWorks; No other new structures; just a small, yet valuable piece of 176 year old Thurles Heritage.
National Parks and Wildlife Service have further confirmed that because of “work stress”, they had forgotten to recognise the Mill Road address we had reported and identified in relation to breaches of Sect 40 of the Wildlife Act. Thus when asked for documentation they then confirmed, quote: – (A) “Communication between Tipperary County Council and a named Wildlife Ranger was only verbal, there is no written documentation.“ (B) “Any written communication between Tipperary County Council and the builder is in their possession, National Parks and Wildlife Service do not have same.” (C) “Furthermore any request for such information needs to follow the AIE process.“ [Latter AIE referred to is “Access to Information on the Environment”]
“Our heritage is what we have inherited from the past, to value and enjoy in the present, and to preserve and pass on to future generations. In helping shape our identity, our heritage becomes part of what we are. Our expression of this identity shows others what we value; it highlights our values and priorities. Our heritage provides clues to our past and how our society has evolved. It helps us examine our history and traditions and enables us develop an awareness about ourselves. It helps us understand and explain why we are the way we are.”
The above are not my words but the words of the Irish Heritage Council, See HERE .
Then this evening, April 20th 2022, out of the blue, we received an email in pdf format. Yes, readers I fool you not, after almost two years of waiting, it arrived from staff at Minister Malcolm Noonan’s Office, set in the form of a standardised letter, sent with the permission of Ms Danielle McDonnell, (Private Secretary to Minister Malcolm Noonan T.D.); signed by a person in his constituency office in Co. Kilkenny, latter yet another member of staff authorised to act on behalf of the same Ms Danielle McDonnell.
Mr Noonan’s almost two year old delayed communication read. Dear Mr. Willoughby, On behalf of Mr. Malcolm Noonan, T.D. Minister of State for Heritage and Electoral Reform, I wish to refer to your emails regarding the removal of a hedgerow by Tipperary County Council at Mill Road, Thurles. The works in question were carried out to facilitate the upgrade of an existing pathway. In this instance the National Parks and Wildlife Service are satisfied that these works did not constitute a breach of Section 40 of the Wildlife Act. Yours sincerely, P.P. Danielle McDonnell (Private Secretary to Minister Malcolm Noonan T.D.).
Remarkably, Minister Malcolm Noonan’s dictated communication, failed to explain in his long awaited communicated, why Tipperary Co. Council and builders were given permission to destroy irreplaceable Thurles history, which as we previously stated, was a certain sure attraction for foreign and domestic tourism.
Same has been destroyed despite every Irish Government department; Elected Tipperary Politician and double jobbing Local Councillor, being warned exactly what was going to happen, since 2019.
So, Minister Noonan, I totally reject your recent delayed communication. I continue to seek your explanation as to why, based on historic evidence (See page 6) and a falsified Archaeological Impact Statement, that two Green Party politicians; namely you Sir and Mr Eamon Ryan failed to communicate; to fully investigate this piece of Thurles heritage and now choose to protect the Department of National Parks and Wildlife Service?
According to the Heritage Council,Quote “An important part of their work is to encourage local communities to take responsibility for and participate in the development and conservation of their heritage. Such projects help generate a greater sense of pride and belonging in the local area through increased participation…and sheer enjoyment! Cultural tourism and activity holidays on our natural landscapes and countryside continue to grow, outperforming all other tourism sectors.”
Both of you gentlemen must now reply to the question being asked, WHY?
Minister for Justice Helen McEntee officially opens the new “Horses of Hope” Equine Centre at Castlerea Prison, Co. Roscommon.
Prisoners can now train in horse husbandry, developing skills for employment in the horse industry post release.
Innovative partnership between Irish Prison Service and Horse Racing Industry.
New and progressive rehabilitative and educational addition to Irish Prison Estate.
Horses of Hope.
Minister for Justice, Mrs Helen McEntee TD, has today officially opened the new “Horses of Hope” Equine Centre at Castlerea Prison.
The new equine centre has been developed on grounds adjacent to Castlerea Prison and has introduced a new innovative prisoner programme, where prisoners can learn practical skills that will assist in securing employment in the equine industry, post release.
The development of the equine centre is the result of an innovative partnership project, spearheaded by Mr Jonathan Irwin, between the horse racing industry and the Irish Prison Service. Many years ago, Mr Irwin witnessed first-hand an equine correctional programme in the USA, which is premised on the natural affinity between a human and a horse. Evidence from equine programmes internationally demonstrates that people in custody can learn practical skills that can be leveraged for future employment opportunities, foster responsibility and build confidence and self-belief while also developing compassion through the care of animals.
Speaking about the new equine facility Minster McEntee stated, “I am delighted to be here today to officially open this new equine facility, “Horses of Hope” on the grounds of Castlerea Prison. This is a truly innovative and a progressive addition to the prison estate, which will enhance the rehabilitative and employment options for all those who work and train here in the years to come.”
The Minister acknowledged the contribution of the equine industry to the project and said they had an important part to play in the rehabilitation of the prisoners involved, noting that the work to prevent reoffending does not stop at a prison gate on release.
The “Horses of Hope” Equine Unit at Castlerea is a single structure ‘American Stable’ which was complete in early 2020 and includes the following:
Single stables for 10 horses with integrated Tack Room, Fodder Storage and General Storage, all to have standard level of fit out i.e. instable water, adequate lighting etc.
One Exercise Arena approx. 40 x40 metres sand based cover in wood chip and associated stud fencing.
Staff and prisoner facilities with canteen, toilets, changing rooms, showers etc.
Large concrete apron for horse boxes to have adequate turning circles etc.
Suitable sewage storage and run off from stable and for mucking out stables.
Medium level secure perimeter fence with CCTV coverage from Prisons Control room, with intruder alarm.
Adequate outside lighting and ancillary services.
While the Centre is located in Castlerea Prison, it is expected prisoners who have engaged positively with constructive activities and are of good behaviour will be considered for AM/PM Temporary Release (TR) to attend the facility under the supervision of a Work Training Officer.
The Minister added; “Finding and securing meaningful and purposeful work and activity after release from prison is absolutely essential to give people real hope. It gives people the opportunity to have a different, better life for themselves and their families upon release.
This is why this programme, which provides a real pathway to employment and opportunities for the future, is so important.
As Minister for Justice I am committed to preventing and reducing reoffending in our communities, but also helping to divert offenders away from a life of crime. Rehabilitation, training and education for those who are in prison is key to that.”
Also speaking at the event on behalf of the equestrian industry Mr Robert Hall said, “I’m so proud that as global leaders on the racecourse and within all equine activities, Ireland should embrace this hugely exciting project.
This will help broaden our prowess across the full spectrum. With a syllabus that includes every aspect of responsible horse ownership we can help to reduce reoffending, while also educating a potential workforce. It also offers a valuable additional purpose for suitable horses and ponies. Indeed, Castlerea can become a worldwide role model.”
Pre-deceased by his parents John and Mary, his sister Joan; Mr Gleeson passed away suddenly, but peacefully, surrounded by his loving family.
His passing is most deeply regretted by his loving wife Vera (Henry)(Swinford Co.Mayo), children John (Sliverlawns), Deirdre (Murphy)(Macetown), Michael (Collinstown Co. Westmeath), son-in-law Declan, daughter-in-law Lesley, grandchildren Seán, Cathal, Cormac, Harry and Abbie, brothers, sisters, sisters-in-law, brothers-in-law, nieces, nephews, extended relatives, neighbours and a large circle of friends.
Requiescat in Pace.
Funeral Arrangements.
The earthly remains of Mr Gleeson will repose at his place of residence from 5:00pm to 9:00pm on Saturday, April 23rd. Removal will take place from his residence on Sunday afternoon at 1:15pm, to arrive at St. Patrick’s Church, Trim, Co. Meath, to further repose for Requiem Mass at 2:00pm. Following Mass interment will take place immediately afterwards in St. Loman’s Cemetery, Trim, Co. Meath.
[NB: Due to Public Health Guidelines, regarding C-19 virus restrictions; those attending Requiem Mass will continue to observe strict adherence to social distancing, face covering, with no hand shaking.]
The extended Gleeson family wish to express their appreciation for your understanding at this difficult time and have made arrangements for those wishing to send messages of condolence, to use the link shown HERE
Note Please: Family flowers only please. Donations in lieu, if desired, to Trim Parish.
Pre-deceased by her parents Connie and Mary; Ms Keane passed away peacefully, following a short illness, while in the care of staff at St. John’s Hospital, Limerick City, Co. Limerick and Lakes Nursing Home, Killaloe, Co. Clare.
Her passing is most deeply regretted by her loving family; sister Claire, brother Eugene, niece Orla, nephews Ronan and Eoin, Ronan’s wife Malissa, grand-nieces Bella, Lara and Charlie, sister-in-law Grace, cousins, aunt Alice, uncle Joss, extended relatives, neighbours and friends.
For the many persons who would have liked to have attended Requiem Mass for Ms Keane, but are unable to do so, due to the prevailing Covid-19 pandemic; same can be viewed online HERE.
[NB: Due to Public Health Guidelines, regarding C-19 virus restrictions; those attending Requiem Mass will continue to observe strict adherence to social distancing, face covering, with no hand shaking.]
The extended Keane family wish to express their appreciation for your understanding at this difficult time and have made arrangements for those wishing to send messages of condolence, to use the link shown HERE.
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish.AcceptRead More
Privacy & Cookies Policy
Privacy Overview
This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
Recent Comments