Denis Naughten (Roscommon-South Leitrim, Independent) | Oireachtas source

We are splitting hairs. I do not have too many to split, but it is a fine line.

With regard to incest, the Minister is correct that other provisions are in place that can be used. I wanted the loophole relating to it to be closed before the end of April for particular reasons, but there are mechanisms in place. However, there is a serious problem with the sex offenders register. The Minister's predecessor, former Deputy Dermot Ahern, stated in the House in April 2009: "A three day notification period in this jurisdiction for the sex offenders register would ensure a harmonisation of our laws in that respect and would ensure that none of our jurisdictions became a safe haven for convicted sex offenders." Every year 100 sex offenders are released back into the community, approximately 5% of whom will reoffend and commit a sexual offence within three years. That is a lower rate than among the general prison population, but a sexual offence is a heinous crime. Five out of every 100 will be prosecuted for committing sexual offences.

The vast majority of sexual offences against children are committed by someone known to the family, but 70% of offenders come from outside the immediate family. The Rape Crisis Network produced statistics that the Minister of State, Deputy Brian Hayes, furnished to the House on behalf of the Minister last October. It found that 7% of offenders were strangers and, therefore, comprised a relatively small cohort, while 31% were close family members, which means that 62% were friends, neighbours or new partners from outside the immediate family circle. They have built a relationship and trust with the families and groomed not only the child but also the family. We cannot get away from this fact; that is the big risk.

I will give an example of why the sex offenders register needs to be reformed. If someone is released tomorrow morning from Arbour Hill Prison having served a sentence, he or she must register with a Garda station within seven days. There is nothing to prevent him or her from going to Bantry Garda station in west Cork to register and giving an address in Malin Head, County Donegal. He or she can spend six out of seven days working and living in a community in Wexford, for example, building relationships with families. Once he or she returns to Malin Head on the seventh day, he or she is complying with the law. That is why we urgently need to reform the sex offenders register. We cannot wait another 12 months; we have waited too long. That is why we need disclosure laws and to put on a statutory basis what is in place on an administrative basis for the Garda in order that parents would have access to information on these individuals in limited circumstances. These offenders turn up in communities and begin to build relationships. They groom not only the children but also the parents and family members and the communities in which they reside because communities provide the safe haven for them. The current law, as the Minister's predecessor said, facilitates such safe havens. Emergency legislation is needed to close this loophole. It has gone on for too long. Children are being exposed to unnecessary risk and I hope we can deal with all of the loopholes in an urgent and comprehensive manner to give them the priority they deserve.

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