Dáil debates

Friday, 11 October 2013

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

 

11:40 am

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent) | Oireachtas source

I welcome Deputy Naughten's Bill, which serves to strengthen current legislation by allowing the Garda to disclose appropriate information on sex offenders to concerned parents who believe their children are at risk. I also welcome the recent confirmation from the Government that it has agreed to approve Deputy Naughten's Bill. Deputies should support the Bill given that it will, for the first time, provide a public register of child sex offenders. I look forward to seeing the proposals that the Minister for Justice and Equality will bring forward.

Every year more than 100 sex offenders are released from prison following completion of their sentences. Parents are naturally concerned about offenders being released to live in their neighbourhoods, particularly in respect of cases that have received extensive media coverage. Parents and guardians should be able to take all possible measures to protect their children and ensure that any concerns they may have about their children's safety are addressed. This Bill gives parents the power to request information from the Garda regarding adults about whom they have suspicions, such as people loitering regularly around school gates or playgrounds with no apparent reason for being there. Those running schools or clubs for children will also have the power under this legislation to seek information about individuals of concern to them in order to safeguard the children in their care.

Section 3 of the Criminal Law (Sex Offences) Act 2006, as amended by section 5 of the Criminal Law (Sexual Offences) (Amendment Act) 2007, makes it a criminal offence to engage or attempt to engage in a sexual act with a child under 17 years of age. In quarter two of 2013 there were 103 recorded cases of defilement of boys or girls under the age of 17, compared to 128 cases in the same quarter last year. While this represents a welcome reduction of 19.5%, more work is needed on reducing the numbers to few or none.

This Bill strengthens the monitoring of child sex offenders when they are released from prison. There are problems with the current post-release monitoring system. All sex offenders are required to notify the Garda within seven days of their release from prison. The previous Government promised to reduce the time limit to days but neglected to introduce the necessary legislation. It has become urgent that the issue be addressed. The Bill introduces measures to change the notification period to a maximum of three days. The current notification system gives the power to the offender to report to the Garda but a number of offenders have neglected to do this, with 61 breaches reported in 2011. This issue needs to be addressed by the Minister for Justice and Equality when he publishes his own proposals.

The Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013 will also help to convict sex offenders by strengthening the Irish authorities' ability to co-operate and assist other countries with their investigations into crimes. The full rigour of the law should apply to offenders irrespective of where they may end up residing. The Child Sex Offenders (Information And Monitoring) Bill 2012 will make Ireland a safer place for children and put the power in the hands of parents to ensure any concerns they have about a person who has contact with their children are investigated. Deputy Finian McGrath spoke about the issue of vulnerable adults with intellectual disabilities. I hope this category of individuals is included in the legislation because nobody should be allowed to take advantage of an adult in a vulnerable situation. They should be fully protected and offenders in this regard should face the rigour of the law.

In respect of the Government's proposed legislation, is it possible to prohibit offenders from living within a certain distance of schools? Recently it was reported in the media that a convicted sex offender was living in a property which overlooked the hockey pitch of a school in Foxrock in Dublin. It is a cause for serious concern that an offender could live so close to a place where children play.

Deputy Naughten's Bill would close the loophole in the legislation as it stands.

The Minister for Justice and Equality has much on his plate, but he needs to prioritise and incorporate the provisions of Deputy Naughten's Bill and guide legislation through the House as soon as possible so as to afford the maximum protection to parents, children and vulnerable adults and to strengthen the law for everyone's benefit.

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