Alan Shatter (Dublin South, Fine Gael)

I move amendment No. 7:

In page 6, between lines 35 and 36, to insert the following:

10.—(1) This section applies to a victim of a sexual offence after a person accused of such offence has been convicted of the offence.

(2) No court shall order that the anonymity of the person convicted of a sexual offence shall be protected where a victim to whom this section applies informs the court that it is the victim's wish that the identity of the offender be publicly disclosed, even where disclosing the identity of the offender may result in the identity of the victim also being publicly disclosed and where the victim confirms to the court an awareness of such risk.".

There have been occasions where there have been convictions for serious sexual offences and where the courts have preserved the anonymity of the offender in circumstances where it is the view of the victim that the offender's name should be disclosed. This can arise for family reasons. There is a broad range of circumstances where that could arise. As a matter of public policy, where the victim wishes the offender to be named, there should be no inhibition or difficulty in the offender being named. This is particularly important in circumstances of violent offences or sexual offences such as those to which this amendment applies. It means that, where someone has been convicted, their name becomes known. If they serve a sentence and they are on the register of convicted sexual offenders, I believe the general public is entitled to know. People are entitled to know if there is a sexual offender living near to them.

The recent court case got a great deal of publicity in which a convicted sex offender released from prison sought to prevent the media from publishing their address. The courts stated quite clearly there is a need to balance the rights of the offender with those of the public and the right to know the offender's identity. We need to do more to provide protection in this area. Where a victim has no difficulty with the name of somebody being published, that name should be published.

The importance of this point has been demonstrated by the very great public concern expressed about the pending release, on 13 August next, of Mr. Larry Murphy, who on 11 February 2000 subjected a Carlow businesswoman to a shocking and prolonged sexual assault. He was sentenced ultimately to ten years imprisonment. When the man is released, he will be on the register of sexual offenders but there is a great concern as to where he is going to live. There is a concern within the local community that he be monitored. He is an individual reported during his period in prison to have undertaken no treatments or counselling of any description to come to terms with the vile assault in which he violated an innocent young person. The assault had a dreadful impact on that person's life. There is a public need to know in this area.

I am familiar that in some parts of the United States the local state authorities have an obligation twice a year to circulate within communities the addresses of convicted sexual offenders who are living within those communities. That has not resulted in former offenders being subjected to assault or even being driven out of where they are living, but it has resulted in there being a general awareness on the part of individuals in the neighbourhood that there is a need to be careful and cautious. It is also to ensure that the police force keeps an eye on individuals who have committed heinous sexual crimes. The police keep an eye on them in the interest of the community to prevent reoffending.

Unfortunately, in this area, particularly in the context of individuals who have no sense of self-awareness or grief and who have gone through no treatment processes or therapy when in prison, there is a very strong likelihood that they will reoffend. In dealing with such offenders, we all know there is no guarantee, no matter what services are provided within a prison, that they will not reoffend. However, all the studies in this area have established that where there are appropriate therapeutic counselling and psychiatric-psychological services within a prison service, those who have committed sexual crimes and who avail of those services are substantially less likely to offend than those who have avoided engaging in such services. This amendment deals with one particular issue but it is an important issue. I hope the Minister will take the amendment on board.

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