Dr. Margaret Fitzgerald-O'Reilly:

I echo those sentiments and some aspects of both Bills are certainly very welcome in the way they would improve the legislative quality of available laws to help address some fundamental issues. I understand the overall sentiment expressed by Deputy Clare Daly, however, because there must be a question of how best to protect the public and whether these laws provide the means for effectively protecting people from sexual offending or sexual re-offending. To answer that, we must look at the evidence produced in other jurisdictions. I am going to take the US as an extreme example. It is obviously a very different context and jurisdiction to Ireland but it has had notification rules in existence since the 1940s. Megan's law, the notable public disclosure law, passed its 20th anniversary in 2016. Studies conducted into the effectiveness of these sex offender registration and notification, SORN, laws demonstrate that there is no appreciable impact as a deterrent or reducing recidivism. There is no appreciable difference in recidivism rates in different empirical studies done in different jurisdictions between groups that are subject to these registration requirements and groups that are not. We must have regard to that. Consequently, in respect of effectiveness in helping to address the broader and long-term issue of sexual offending behaviour, it is right that we question whether things like notification and disclosure laws will help.

To some extent, in relation to issues of disclosure for example, the approach of controlled disclosure is to be advocated. I would certainly hate to see us move towards a widespread access, and I do not think that is being suggested at all, because it has been demonstrated to be profoundly unhelpful and counterproductive.

Sometimes the question is what propels people to sexual offending behaviour, when a more pertinent question might be what helps convicted sex offenders to stop sex offending; not just why they offend, but why did they stop offending. Again, we have to look at evidence available in other jurisdictions, as well as in the Irish context, that suggests it is through reintegration, reconnecting with society by reconnecting or maintaining family ties and through rehabilitation and engagement with those services and supports that help prevent recidivistic behaviour in the future. Preventing people from reoffending is ultimately what will be of benefit to our society.