Helen McEntee (Meath East, Fine Gael) | Oireachtas source

The advice of the Attorney General is that we would have to disclose or give advance notice to the offender before this is done. We may be able to consider this further and clarify it. The wording is that a Garda "shall, in advance of making a disclosure" inform the relevant offender. It does not state that the member must do so. That provides flexibility. The Attorney General is clear that notice must be given. I do not think there is any way around it but the use of the word "shall" suggests that, for example, a member of An Garda could go to a person who is in a new relationship and explain that his or her partner will be told and give the person an opportunity to make the disclosure himself or herself, move away from his or her partner or disengage from the relationship. The Deputy mentioned certain other situations and in that context there is an option for the member of An Garda to go directly to the family, school or principal where there is a concern in that regard and not give advance warning. The word "shall" gives that flexibility to An Garda, which means it does not have to give-----