Dáil debates

Friday, 11 October 2013

Child Sex Offenders (Information And Monitoring) Bill 2012: Second Stage [Private Members]

 

10:50 am

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

These resources would involve the operation of the system and the logistical impact it would have upon the Garda. It also raises the investment we put into rehabilitating convicted offenders to ensure they do not commit such heinous crimes again once their debt to society is paid. The domestic violence and sexual assault investigation unit of the Garda leads the way in confronting this type of criminality. I trust it will be fully protected from constraints on Garda resources in the upcoming budget if the Government is fully committed to tackling child sexual abuse. There are areas that must be given priority and this is one of those. We do not need other cases such as the shocking one in Athlone last week that horrified parents across Ireland.

This discussion today brings into sharp focus the need for those in possession of information on child predators to provide it to the appropriate authorities. During the Dáil debate on the Cloyne report, various members from the Taoiseach down rightly expressed the outrage of a historical practice whereby information on known predators and abusers was not passed on to the relevant authorities. Instead, the report chronicled the woefully inadequate and immoral response of moving the abuser from parish to parish or club to club or school to school. In the past week, the CARI and Rape Crisis Network annual reports identified that most child abuse occurs within the family or by persons known to the family. There is a moral obligation and responsibility on everybody, regardless of who one is or what one's position is in society, to conform to these standards. The institution can never come first at the expense of children.

It is regrettable that the Minister, Deputy Fitzgerald, despite identifying this as her main priority on assuming office two and half years ago, has yet to publish the long awaited Children First Bill which would make it a criminal offence not to provide such information to the relevant authorities. This legislation must be given the priority it deserves by her Department if we are serious about challenging this problem.

I reiterate that this legislation cannot be considered in isolation. Registration of offenders can only happen if we have a proper vetting system. Last year, the Oireachtas passed the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, produced by the Minister, Deputy Shatter, yet eight months after it went through this House, we are still waiting for him to sign the ministerial order to give it effect. Absence of vetting legislation in regard to soft information seriously compromises our child protection system. We all remember the circumstances which led to the death of Holly Wells and Jessica Chapman at the hands of Ian Huntley. In this case, a vast amount of soft information was available which, if acted upon by the authorities at the time, would have prevented this beast from being appointed caretaker of a school in Soham. As a result of this horrific crime, the UK introduced legislation in 2005. Surely we do not have to wait for such a crime to have our legislation enacted. Currently, the HSE is dealing with soft information without any statutory backup. A number of recent judicial decisions both at High Court and Supreme Court level highlighted the absence of such legislation. Perhaps the Minister of State could indicate today what is the delay in commencing this legislation. It is quite obviously a priority from a child protection prospective but it has yet to commence some eight months after it was passed.

The ongoing difficulties with waiting times in vetting applications are a further reminder of the need for adequate resources to be deployed in this area. For our part in Fianna Fáil, we will support this Bill which, as Deputy Naughten describes, is based on Sarah's Law in the UK. The successful road-testing of the legislation there since 2008 gives a good indication of its effectiveness.

We cannot underestimate the scale of the problem. The annual average number of persons convicted of a scheduled offence under the Sex Offenders Act 2001 is 130. At any one time, there are approximately 300 convicted sex offenders in custody. More than 50% have been imprisoned for the offence of rape and up to half have been imprisoned for offences which involved children as victims. Just over 1,000 persons are monitored by the Garda on an ongoing basis. However, the current system for monitoring the location of sex offenders is under severe pressure. CSO records indicate that in 2008 some 16 sex offenders breached their notification requirements. The figure rose to 24 in 2009 and to 50 in 2010. In 2011, 61 breaches were recorded. The facts are striking and are a clear indication that new measures are required.

The Bill - and, I hope, the Government's response to it - will offer a safeguard for concerned parents and provide them with a legal framework to protect their children. We can discuss the practical and resource consequences further on Committee Stage with a view to strengthening the Bill. The fundamental principle which underpins the Bill - namely, that which relates to safeguarding those most vulnerable in society from its most predatory elements - is sound. We need to take strong action to protect our children and, as legislators, we are obliged to provide a framework to facilitate this.

I welcome the Bill and look forward to the forthcoming response of the Minister, Deputy Shatter to it. However, this legislation is only one part of what must be a co-ordinated response which touches on a number of the issues to which I refer. The Government must recognise that and act accordingly.

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