Dáil debates

Friday, 11 October 2013

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

 

11:00 am

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein) | Oireachtas source

We recognise the potentially grave harm that can be caused to children and others - particularly the victims and survivors of incest - by tabloid-style name and shame policies and, therefore, we are opposed to them.

Sinn Féin acknowledges that most chid victims of abuse are abused by members of their families. In that context, measures such as sex offender registers and vetting in isolation will not stop abhorrent crimes of sexual abuse occurring. Deputy Naughten's initiative is to be welcomed as an additional measure to give reassurance to parents, guardians and so forth. We call for adequate resourcing of best practice sex offender treatment programmes, both when individuals are in custody and when they have been released back into the community. I will discuss this matter further later.

Sinn Féin also calls for greater cross-Border co-operation between the Six-County Assembly and the Twenty-six County Government and the Garda Síochána and the PSNI in dealing with predatory sex offenders. We are also seeking greater cross-jurisdictional co-operation throughout the European Union and on the part of agencies such as Interpol in this regard. Furthermore, Sinn Féin is seeking the establishment of an all-Ireland policy on sex offenders - especially those who offend against children - in order to ensure congruence in sentencing and monitoring so that neither jurisdiction will offer a safe haven for such individuals to escape justice or to cause further suffering. We call for all-Ireland standards and protocols on the treatment of sex offenders and for the introduction of an effective all-Ireland register of sex offenders. The latter would include an in-built effectiveness review every five years.

We support the Bill proceeding to Committee Stage. Should it reach that point, we will consider tabling some amendments in order to strengthen its provisions. We will be particularly interested in examining the position with regard to the treatment of sex offenders while in prison. At our most recent Ard-Fheis in April, we passed a motion, No. 161, which stated, in part, that "This Ard-Fheis calls on the Minister for Justice to ensure that any remission granted to persons convicted of sexual offences is based on participation in the Prison Service's Sex Offenders Treatment Programmes and demonstrable rehabilitation". This is a matter about which we feel very strongly. These programmes aim at bringing about changes in offenders' lives which reduce the risk of re-offending and enhance public protection. Research shows that effective treatment programmes reduce the risk of re-offending but most sex offenders in Ireland do not have access to treatment. We would seek to amend the law to ensure that remission for prisoners would be connected to their participation on one of these rehabilitation programmes. We must offer strong incentives in order to ensure that sex offenders are rehabilitated rather than simply allowing them to serve their time, remain unrehabilitated and possibly be released early for good behaviour. The programmes to which I refer play a vital role in assisting offenders to reintegrate in their communities after imprisonment.

There is a huge need for treatment in the community. In 2012 the Inspector of Prisons urged that the sex offenders' programme centred on Arbour Hill Prison in Dublin should be extended into the wider community. During the past three years, 105 prisoners have participated in the Republic's only sex offenders' treatment programme, which is centred in the institution. The Inspector of Prisons stated the programme would operate most efficiently if prisoners who had completed it received ongoing assistance and monitoring following their release. In his report on Arbour Hill, Judge Reilly said it should be possible to harness the goodwill of appropriately trained people in the community to assist in the reintegration of such prisoners into wider society. He also stated that such trained personnel could operate under the guidance of the psychology service in the prison and in conjunction with the Probation Service.

I take this opportunity to acknowledge the contribution of the Minister for Justice and Equality, Deputy Shatter, in respect of any constitutional or human rights impediments that may be put in place by this Bill. I look forward to the Minister publishing the general scheme of his sexual offences Bill, which we have been assured will address a broad range of issues. The challenge for us, as legislators, is to achieve a balance between protecting civil rights and liberties while also endeavouring to protect our citizens, particularly children, from real threats or any interference with their human rights.

I again welcome the Bill and wish Deputy Naughten well with it. If we get the opportunity to debate it further on Committee Stage, I and my colleagues look forward to working with him to strengthen it as best we can.

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