Tommy Broughan (Dublin Bay North, Independent) | Oireachtas source

I am delighted to be able to contribute briefly to the debate on this important Sex Offenders (Amendment) Bill 2018, brought forward by my colleague, Deputy Maureen O’Sullivan. I commend Deputy O’Sullivan and her staff, as well as the Oireachtas staff, on the work they have done on this Bill and on highlighting the issue and the need for such a Bill.

The Bill before us today would amend the Sex Offenders Act 2001 to give the Judiciary the power to restrict the travel of convicted sex offenders to countries where there may be much lower child protection standards. Sections 16, 27 and 30 of the 2001 Act would therefore be amended.

Section 2 of the Bill outlines the amendment to section 16 of the 2001 Act whereby subsection (5) provides for the person committing offences outside of the State, which would constitute a sexual offence under Irish law. Section 5 amends section 30 of the 2001 Act and inserts a new section 30B providing for the offender to make an application if they want to leave the State or that a probation and welfare officer may make an application. This wording gives the power to the judge and the court to use their discretion in granting or refusing the application.

This Bill is the result of work Deputy Maureen O’Sullivan has done with Fr. Shay Cullen, the very worrying growth of sex tourism markets in developing countries and the urgent need to protect children and vulnerable people in the countries where there is a prevalence of sex tourism. Fr. Cullen founded the People’s Recovery, Empowerment and Development Assistance Foundation, PREDA, in the Philippines and has been working with trafficked women and children since 1969. He has also been nominated for the Nobel Peace Prize for that outstanding work on four occasions. If this Bill passes and is enacted, we would be the first European country to restrict the travel of convicted sex offenders and we would be following Australia’s lead internationally.

Fr. Cullen, who has worked tirelessly in the Philippines for 50 years, has said that children in the Philippines, Thailand and Cambodia in particular need to be protected from predatory paedophiles. There may be issues, to which Deputy Maureen O'Sullivan referred, around the constitutional right to travel and how some of the countries I mentioned would be identified. We have the example of Australia, and Deputy Maureen O'Sullivan can address all these issues in her concluding remarks. They can also be discussed on Committee Stage following passage through Second Stage. It is important that the House takes the step to pass this legislation on Second Stage.

Fr. Cullen has told us that globally, approximately 4.5 million children are trafficked every year and that the horrendous trafficking business is worth at least $32 billion. It is mainly women being trafficked and it is estimated that more than one third are children. UNICEF estimates that in the Philippines alone, approximately 60,000 children are abused every year. Fr. Cullen has warned us that an increasing number of Irish bars are opening in the Philippines, that the sex tourism trade from here is growing and that there are already reported increases of people travelling from the European Union, America and Australia to these areas to exploit children and vulnerable people.

As I mentioned, Australia has already passed legislation, the Passports Legislation Amendment (Overseas Travel by Child Sex Offenders) Act 2017, which restricts the travel of sex offenders with reporting obligations. Not only does the Australian law restrict their travel but it makes it an offence, with a maximum penalty of five years, to travel or to try to travel without authorisation. If offenders have a legitimate reason to travel they may apply and once their reporting obligations have finished, they will then be able to apply for a passport. The importance of the Australian Act of 2017 was confirmed when it took effect immediately, in December last year, by stopping a convicted paedophile from travelling. There are approximately 20,000 registered child sex offenders with reporting obligations in Australia, and the south-east Asian countries such as Thailand, Malaysia and Indonesia are easily accessible to Australians. The Australian justice Minister, Michael Keenan, said that during 2016 approximately 800 registered child sex offenders travelled overseas and that over one third of them did so without permission.

Reports last year found that there were almost 200 sex offenders living around Ireland and being monitored by An Garda Síochána. According to the Irish Prison Service’s statistics, at the end of November there were 377 prisoners in custody for sex offences - 376 male prisoners and one female.

Deputy Maureen O’Sullivan has drafted this Bill to allow for the judges' discretion in taking into account the offenders engagement in the rehabilitative process. We must acknowledge the work being done by mental health services, the Irish Prison Service, the Probation Service, other organisations and volunteers in our communities who are working with sex offenders during their sentences, probation and release to support them in not reoffending and thereby making communities safer.

This Bill is not about restricting a constitutional right to travel but about protecting children and vulnerable women in countries where protection laws and their implementation are not sufficiently robust. The Sex Offenders Act 2001 addresses the monitoring of sex offenders from other jurisdictions who may move to Ireland. Information is shared with Interpol to ensure that sex offenders from other jurisdictions who are subject to reporting requirements must inform An Garda Síochána and continue with their reporting obligations here.

Fr. Shay Cullen from Glenageary has highlighted cases in the Philippines of missionaries and activists being arrested and threatened with deportation for being engaged in "political activities". Such activities include advocating for people’s basic human rights. Fr. Cullen has previously expressed concern as to why certain businesses are allowed to continue to operate and has made allegations about bribery. The PREDA foundation rescues girls from brothels and boys, 15 years old and younger, from detention cells. It houses around 35 boys and 40 girls in separate homes and helps them to overcome the traumas they have endured. Children receive education and counselling, have emotional release therapy and are encouraged and supported to file legal complaints if they so wish. The PREDA foundation also has a fair trade project, working with local farmers and indigenous communities to sell and market their mango products. Fr. Shay Cullen and his team are doing amazing work. It is heartbreaking to think that his organisation has been in demand for so long and that the demand is not waning. This Bill will help Fr. Cullen and others who work to protect vulnerable women and children in many countries in south Asia and elsewhere. We owe it to them to take all measures necessary to stop sex tourism. I commend Deputy O’Sullivan and her staff on bringing this Bill forward and I am delighted to support it.

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