Oireachtas Joint and Select Committees

Wednesday, 28 November 2018

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of Sex Offenders (Amendment) Bill 2018: Discussion

9:00 am

Mr. Vivian Geiran:

I thank the committee for this opportunity to contribute to its deliberations on this legislation. I propose to highlight some key issues relating to our work with sex offenders, which may assist the committee. We will be more than happy to answer questions and engage in further discussion on any matter as the committee sees fit.

The Probation Service is an agency of the Department of Justice and Equality and the two primary areas of work undertaken by it are offender assessment and offender supervision. Regarding sex offenders specifically, since the publication of the discussion document of the working group on the integrated management of high risk sex offenders by the then Department of Justice, Equality and Law Reform in 2009, integrated, interagency and multidisciplinary services have been developed significantly. Our focus is now on effective risk management, incorporating assessment, supervision, support and the monitoring of sex offenders to reduce the risk of reoffending and the harm that any further offending would cause. The Probation Service is managing 264 sex offenders in the community.

The courts, prior to sentencing, frequently request a probation officer's pre-sanction assessment report on offenders who have pleaded guilty to, or been found guilty of, a sexual offence. The assessment report identifies issues relevant to the risk assessment and risk management of the offender. Many convictions for sexual offences attract an immediate custodial sanction. These sanctions may also include an appropriate community sanction element, with supervision conditions, post custody.

To improve the co-ordinated, interagency management of sex offenders, the sex offender risk assessment and management, SORAM, system was developed by An Garda Síochána and the Probation Service for the joint assessment and management of the risk posed within the community by convicted sex offenders. The model itself allows for enhanced working relationships between the personnel in relevant agencies, a structured approach to risk management, a co-ordinated intervention with the offender, higher levels of monitoring, higher levels of appropriate information exchange, more accurate risk assessment, and enhanced child and public safety.

The Probation Service welcomes the proposed new section 14A in the principal Act, or head 9 in the general scheme, that places on a statutory basis the assessment and management of risk posed by sex offenders. It will further strengthen the current SORAM arrangements and make obligatory the sharing of risk-relevant information between the relevant players.

Multi-agency approaches to managing the risks posed by sex offenders are essential. The Probation Service, in partnership with a number of non-governmental organisations and supported through the Department of Justice and Equality, provides a range of additional support services to assist further in the management of risk posed by this category of offenders and their reintegration into society. We have outlined some of those in our submission.

Placing the victim at the forefront of our work is critical, and developing a victim perspective in the offender is paramount. While our expertise is directed primarily towards offender rehabilitation as a means of reducing victimisation, we recognise that focusing in this way on the offender can lead victims to feel that their safety, rights, needs and interests may not be prioritised. This should not be the case. Survivors' advocacy groups work closely with us on initiatives, such as Circles of Support and Accountability, CoSA, and our therapeutic group work programmes. Other restorative justice approaches include victim-offender mediation. We facilitate such approaches where appropriate, but only after careful, and often lengthy, preparation.

Public protection is the key principle underpinning the management of sex offenders sentenced to prison and under the supervision of the Probation Service. Therapeutic interventions in prison are in place, including individual and group counselling and offence-focused work from the Irish Prison Service's psychology service, in partnership with the Probation Service. Within the community, the SORAM arrangements provide for an integrated, multi-agency approach to this work. Both statutory and non-statutory partners collaborate in this endeavour.

It is hoped that changes to the legislation, as proposed, will lead to further developments in responding effectively to sexual aggression and violence. Such refinements to the Sex Offenders Act 2001 will, among other things, strengthen the ability of statutory agencies to manage sex offenders by placing SORAM on a statutory basis.