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Justice Minister Helen McEntee.

Legislative changes to allow civil orders restraining stalking to be made on an urgent basis

McEntee said that these changes will reassure victims 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.”

GOVERNMENT APPROVED changes to the Criminal Justice Bill will allow civil orders restraining stalking to be made on an urgent basis. 

Justice Minister Helen McEntee has pushed for a range of changes to be made to the bill aimed at providing better supports and protections for victims of domestic, sexual and gender-based violence. 

Under the amendments, the identities of harassments and stalking victims will be protected in certain court proceedings, and will prevent these victims from being cross-examined by the accused. 

Stalking and non-fatal strangulation will be made standalone offences. 

McEntee said that she is aiming for the legislative changes to be enacted in July. 

The Minister launched Zero Tolerance, the national Strategy on domestic, sexual and gender-based violence last June – this legislation is part of the plans that were outlined then on reforming criminal law in this area. 

“These amendments will address several outstanding issues and, importantly, will reassure 

“The new orders also go further than what is possible under domestic violence legislation in terms of who an order can be made against (that is, not just close relationships) and the kind of conduct that can be prohibited by the court.

“The aim of the strategy is to bring about changes in attitudes and in systems to ensure there is zero tolerance in Irish society for domestic, sexual and gender-based violence, and I believe this legislation is a significant step,” McEntee said. 

The bill will also allow life sentences for conspiracy to murder, and increase the maximum sentence for assault causing harm from five to ten years. 

Usually, the making of civil orders retraining stalking are made by the affected person on notice to the other person. 

Under these changes, the making of short-term orders will be permitted without such notice where there is an immediate risk to the safety and wellbeing of the person affected. 

Changes to the reporting restrictions in cases of harassment and stalking will mean that the identities of both the alleged victim and the defendant will be protected in certain cases where there has been a serious invasion of the victim’s life. 

Cross-examination of victims by the accused can already be disallowed in cases relating to sexual offences, in order to prevent re-traumatisaton.  

These offences currently include those involving violence or the threat of violence, domestic violence offences (including coercive control) and certain other offences.

Under the new bill this list will be expanded to include stalking and harassment offences and breaches of the new civil order system.

“This will allow for strengthened protections to safeguard victims from repeat victimisation, intimidation or retaliation for offences which by their nature, are likely to be traumatic for victims,” a spokesperson from the Department of Justice said. 

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    Mute Soccer T's
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    Mar 1st 2017, 8:10 PM

    If any group deserves improved conditions it’s nurses. Nurses work an average of 1872 hours annually compared to 735 hours for a teacher yet it’s the teachers making all the noise….baffling!

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    Mute Al Ca
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    Mar 1st 2017, 8:11 PM

    @Soccer T’s: If teaching is so easy feel free to become a teacher.

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    Mute Soccer T's
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    Mar 1st 2017, 8:15 PM

    If it’s so difficult feel free to change career

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    Mute Al Ca
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    Mar 1st 2017, 8:16 PM

    @Soccer T’s: Why should I stop being a doctor because teaching is a challenging job?

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    Mute Al Ca
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    Mar 1st 2017, 8:10 PM

    Patients will die for every minute nurses go on strike.

    I hope the union thinks twice before beginning a genocide of our most vulnerable.

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    Mute FifiJamming
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    Mar 1st 2017, 8:12 PM

    A little hyperbolic there al…

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    Mute Darragh Mcnamara
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    Mar 1st 2017, 8:13 PM

    @Al Ca: sure the government via cuts to support have done that last few years.

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    Mute Al Ca
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    Mar 1st 2017, 8:15 PM

    @FifiJamming: Are you claiming that nurses don’t save lives? That’s a little insulting.

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    Mute Soccer T's
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    Mar 1st 2017, 8:18 PM

    @Al Based on your comment, if nurses go on strike for 24 hours, 1440 people will die. Damn!

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    Mute Al Ca
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    Mar 1st 2017, 8:23 PM

    @Soccer T’s: The idea that 1,440 people would need urgent hospital care out of a population of 4.5 million is hardly shocking.

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    Mute Soccer T's
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    Mar 1st 2017, 8:28 PM

    They won’t need care if they are all dead but they will need undertakers. Another career option for you

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    Mute Siobhan Mckenna
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    Mar 1st 2017, 8:53 PM

    Well you’d better be a good Doctor.
    Do YOUR job well and stop undermining others.

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    Mute Siobhan Mckenna
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    Mar 1st 2017, 9:04 PM

    You said die… yes they’ll obv have urgent care, but you did say they’d all die because of the strike. Now if your arbitrary number is on top of the norm – then yes, your statement is hyperbolic

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    Mute Orla Croke
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    Mar 1st 2017, 9:23 PM

    Oh god the world is just full of ignorant people. I am surprised daily even though I shouldn’t be shocked by it anymore.

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    Mute Orla Croke
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    Mar 1st 2017, 9:25 PM

    And that comment is pointed directly at Al Ca. I genuinely don’t understand someone commenting on something they clearly have no knowledge about.

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    Mute Jeanette McDonald
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    Mar 1st 2017, 11:14 PM

    I bet the nurses you work with love you Al!

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    Mute Catherine Rotte-Murray
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    Mar 2nd 2017, 1:37 AM

    Article is a it misleading – it’s a work to rule FROM Tuesday mArch 7th, with one day work stoppages (strike days) to be announced. It’s not a work to rule ON Tuesday March 7th!
    Unless the INMO talks with the WRC lead to a resolution on safe staffing, recruitment and retention measures that work.
    https://www.inmo.ie/Home/Index/217/12858

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