Written answers

Thursday, 15 December 2011

Department of Justice, Equality and Defence

Sexual Offences

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 229: To ask the Minister for Justice and Equality the full extent if any to which a register of sex offenders exists with a view to ensuring that such persons do not have access to children for whatever reason; and if he will make a statement on the matter. [40701/11]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 230: To ask the Minister for Justice and Equality the steps he has taken or intends to take to ensure the protection of children from sex offenders; and if he will make a statement on the matter. [40702/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 229 and 230 together.

The Sex Offenders Act 2001 contains a number of provisions aimed at reducing the risk to the public from convicted sex offenders. These include a notification system, also known as the "Sex Offenders' Register". A convicted sex offender is required to notify his name and home address to An Garda Síochána within 7 days of becoming subject to the notification requirement. Thereafter, offenders must notify the Gardaí of any subsequent change of name or address within 7 days of such change. Absences from and return to the State are required to be notified and the legislation also applies to sex offenders convicted outside the State.

Apart from the notification requirements in the 2001 Act, sex offenders released from prison can be subject to supervision and other restrictions. Part 5 of the Act introduced a system for the supervision of sex offenders after release from prison. Post Release Supervision Orders allow for court sanctioned supervision of offenders after custodial sentences have expired.

The Act also provides a mechanism whereby the Gardaí can apply to the courts for a civil order, known as a Sex Offender Order, prohibiting a convicted sex offender from doing certain things, such as going to or being in a particular location, or loitering in the vicinity of a school or other place where children congregate.

An added safeguard in the legislation provides that a convicted sex offender must advise his employer or any prospective employer of his conviction, if the work involves unsupervised access to or contact with children or mentally impaired persons.

My Department has been conducting a wide-ranging examination of the law on sexual offences and a review of the Sex Offenders Act 2001 formed an integral part of that examination. Arising from the review, I expect to bring forward legislative proposals, including a number of amendments to the 2001 Act, in the coming months.

In addition, my Department is preparing two new pieces of legislation to further enhance the protections afforded to children and vulnerable adults. These are the Criminal Justice (Withholding Information on Crimes against Children and Vulnerable Persons) Bill and the National Vetting Bureau Bill.

The purpose of the "Withholding" Bill is to create an offence of failing to disclose, without reasonable excuse, information to the Gardaí where a serious criminal offence against a child or vulnerable person has been committed and the person knows or believes that the information s/he holds may be of material assistance in the arrest, prosecution or conviction of the offender.

The "Vetting" Bill has two main objectives. The first is to provide a statutory basis for the existing procedures where the Garda criminal records database is used to vet people applying for employment in the public service or those working with children or young adults. The second is to provide for the use of "soft information" in vetting, i.e information other than a court determined criminal record, and disclosure of such information to prospective employers.

I hope to publish both these Bills in the near future.

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