Helen McEntee (Meath East, Fine Gael)
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On the first point by Deputy Naughten, we had extensive legal advice in regard to the words "shall" or "may" and the reason we have put forward "may" is that there has to be some level of discretion in certain situations where An Garda Síochána believes that certain information is not appropriate to share, be it with the local housing authority, the HSE or another relevant body. There is a degree of flexibility built in. That is why we have "shall" which allows for that type of information to be shared. The Attorney General is very clear that those who need access to relevant information shall get it, but those who do not, do not. There are certain situations where a particular type of information might not be relevant to the individuals involved at a particular time or a particular stage in the process and that is why we put forward the word "shall". It gives that little bit of flexibility where it is not necessary to provide that information.

On the second piece, SORAMdeals directly with the offenders and not the victims, so we have a separate process through the Victims of Crime Act. We have the Victims' Charter which we are updating and, hopefully, improving through O'Malley and Supporting a Victim's journey which covers all victims, including those who are victims of sexual assault or crimes. The Prison Service and the prison liaison officer is there to make sure that if someone is being released, the victim has that information. An Garda Síochána at a certain point will engage in certain information but certainly when a prisoner is being released, there is already that contact with the prison liaison officer to let a person know. When it comes to the Parole Board, engagement can happen there. What has come to light recently in my own engagement with victims is that they were not always aware that they had a right to engage with the Parole Board and that they would then in turn get the information. We are trying to make it absolutely clear through the Victims' Charter and the Victims of Crime Act that the victim has the right to know when someone is being released, the terms of the release, the timelines, where they might be and all of those different things. We need to make it as clear as possible but that is done through the Victims of Crime Act.

In regard to the photograph, this is something we could look at through the Victims of Crime Act. Obviously, you do not want a situation where you have SORAM, which is not necessarily equipped to deal with victims as opposed to offenders, presenting someone with a photograph if they have not asked for it or if it not something that they require. If it is something a victim wants and asks for, then perhaps there could be an appropriate mechanism for them to receive that. I am happy to explore this further and to perhaps to look at it through the Victims of Crime Act but only to do so where a victim wants it, it is appropriate and he or she has asked for it.

There are circumstances where a picture could be shared if a member of An Garda Síochána has a concern that a person is in an area they should not be in, or that there are children nearby, or where they are alerting someone to the fact that this person might be in the area. That is at the discretion of An Garda Síochána but when it comes to the victim, that is something we need to explore further in the other legislation. I am very happy to do that.