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

We have engaged with the Garda on this matter. Following our most recent engagement, we asked if further legislative provisions are needed and the Garda authorities have assured us that the Sex Offenders Act 2001 is clear that it is an offence for offenders to change their names without notifying the Garda. If they are giving their personal details, including their names and addresses, on a regular basis, as they are required to do, the Garda will become aware of any change. If the Garda is not notified or given that information, the sex offender is in breach of the Act and subject to an investigation by the Garda and potentially in breach of the conditions of their release. The sex offender may then be sent back to prison. It is already an offence for a sex offender to change his or her name without notifying the Garda.

People who have served their time in prison, as is the case with respect to any offence, have a legal right to change their names. However, sex offenders cannot do so without notifying the Garda. We have gone back and forth with the Garda on this point to see if there is anything further we can do to strengthen the position. The Garda has said the legislation in place is strong enough for it to be able to do its work. In the absence of high-risk offenders, this is something that would be noted quickly due to the notification requirements that are set out, and the court website publishes any changes to names anyway. People cannot hide the fact they have changed their names because those changes are published on a court website and are there for people to see, including members of the Garda. I appreciate the situation is not perfect when the individual concerned is required to notify the authorities but if he or she does not do so, it is a criminal offence and the offender is potentially in breach of his or her terms of release.