Oireachtas Joint and Select Committees

Tuesday, 26 April 2022

Select Committee on Justice and Equality

Sex Offenders (Amendment) Bill 2021: Committee Stage

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The intention behind the Bill is that An Garda Síochána have discretion to disclose information. We are in agreement that if something happens, it should be reported immediately, whether it is a child being approached or something more sinister or serious. If, however, a parent or other individual engages with An Garda Síochána, there is flexibility there. If An Garda Síochána feels there is a risk or a necessity to disclose certain information, that can be done. There is not a formal process set out in the legislation or a formal channel, as the Deputy proposes, but that does not prevent An Garda Síochána from disclosing information where it feels there is a particular risk or threat. I hope we have been clear in the legislation that that flexibility is there.

The Attorney General's advice and the other legal advice we have is also very clear that the rights must be balanced. While that might be difficult for people to hear when we are talking about victims, and often children in this regard, there has to be that certain balance. That is what we have tried to do in order that this does not apply in all instances in which information is disclosed. I do not think that is helpful for rehabilitation or, in some instances, safer communities, but there are instances in which people should be given information and in which individuals in particular cases should be aware of particular individuals. That discretion is there, although there is no formal channel per se. I am not sure how in the UK that formal channel works separately from somebody going into a police station, requesting information or giving information and then it subsequently being given back to them, but that, essentially, is available here, albeit at the discretion of An Garda Síochána. Gardaí know all the facts of the cases and of the individuals, and we are entrusting them to make that decision, albeit quite a big decision. Given that they are the ones who have all the information, they are the appropriate people to make that decision.