Dáil debates

Thursday, 8 June 2006

 

Probation and Welfare Service.

3:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

Part 5 of the Sex Offenders Act 2001 introduced a scheme under which the courts could order persons convicted of sexual offences to undergo a period of post-release supervision by a probation and welfare officer. As well as placing the sex offender under the supervision of the probation and welfare officer, the court may attach such conditions to the supervision as it considers appropriate. It is a separate offence for a sex offender to fail, without reasonable cause, to comply with any of the supervision period conditions and such a person is liable on summary conviction to a fine not exceeding €1,905 or imprisonment for a term not exceeding 12 months or more. Hence, a regime is in place.

The probation and welfare service has been in touch with my Department about the desirability of that service being given power to prosecute sex offenders who fail to comply with the conditions of their supervision. I have included a provision in the proposed criminal justice trafficking and sexual offences Bill, which is at present at an advanced stage of preparation in my Department, to give effect to the request by the probation and welfare service to allow probation officers to prosecute non-compliant sex offenders, rather than being obliged to open a file with the Garda. The legislation will include some other amendments to the 2001 Act.

Furthermore, I brought forward a number of proposals in respect of sentencing of offenders by means of Committee Stage amendments to the Criminal Justice Bill 2004, with which the Deputy is well acquainted.

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