Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No.1:

To delete all words after “That” and substitute the following:“Dáil Éireann resolves that the Sex Offenders (Amendment) Bill 2018 be deemed to be read a second time this day twelve months, to allow for scrutiny between now and then by the Oireachtas Committee on Justice and Equality and for the Committee to consider submissions and hold hearings that have regard to the need to ensure that:

(a) the proposed Bill does not give rise to Constitutional difficulties, or difficulties under the European Convention on Human Rights or European Union law;

(b) the proposed Bill strikes a balanced and measured approach in relation to competing rights;

(c) in particular, the rights of a citizen or a resident of the State who has been convicted of a sex offence are balanced with the need for protection of vulnerable members of society both in Ireland and other jurisdictions;

(d) the extent and scope of any restrictions on travel forconvicted sex offenders to other states are fully examined;

(e) the question of how a restriction on travel to other states by a convicted sex offender could be administered and supervised is examined; and

(f) the experience of other jurisdictions which have introduced similar legislative provisions is taken into account; and

to fully discuss and explore other practical issues and consequences that may arise as a result of the proposals.”.

I thank Deputy O’Sullivan for introducing this legislation. I very much appreciate the Deputy's intentions in bringing forward these proposals and I share her concern that a sex offender convicted in this country be prevented from causing further harm, not just here but also abroad. I know that in making these proposals the Deputy is most concerned with countries where child protection would not be at the same level as here in Ireland.

The prevention of further harm by a convicted sex offender after release from prison is what underpins the current system of notification and monitoring under the Sex Offenders Act 2001. That Act provides for the monitoring of convicted sex offenders after they have been released from prison. Such individuals are required by law to provide to An Garda Síochána details such as their address. Failure to comply with these requirements is an offence. As part of the notification requirements, sex offenders must also notify An Garda Síochána if they intend to travel outside of this jurisdiction for seven days or more. The intention behind this is for the relevant authorities in their destination to be notified of the presence of a convicted sex offender in that jurisdiction.

I recognise that the current provisions, while effective in many respects, are not the same as what Deputy O'Sullivan has proposed here. The current system works particularly well in circumstances where there is good co-operation already, like that between An Garda Síochána and the PSNI in Northern Ireland and where there are very high standards of child protection, including across the EU. I am acutely conscious, however, that this may not be as effective in countries where there are inadequate protections for vulnerable people, including children, who may be exploited in an abhorrent and totally unacceptable way by relatively wealthy foreigners. In particular, child abuse is an utterly depraved crime. I share Deputy O’Sullivan’s commitment to seek to prevent such abuse from taking place and commend the Deputy on her commitment to this issue which she has discussed with me in the past. I also acknowledge the work of Fr. Shay Cullen and his team in Asia and in the Philippines in particular and thank him for what he is doing on the international stage to further the protection of children. He is a great ambassador for Ireland who has been in this House on a number of occasions in the company of Deputy O'Sullivan. On behalf of the Government, I am anxious to ensure that we explore this legislation further in an effort to advance the proposals contained therein.

The Bill proposes to give the court the power to impose restrictions on the travel abroad of a convicted sex offender who is subject to the requirements of the 2001 Act. The Bill would give a judge the power to restrict foreign travel entirely or to require an application to be made to the court for permission to travel. This would go significantly further than existing restrictions and I am advised that there are legal and practical implications that must be considered. In the first instance it is the duty of the Oireachtas to ensure that any legislation is compatible with the Constitution and the European Convention on Human Rights. We must also take account of the current policies and procedures of stakeholders, in this case An Garda Síochána and the probation and welfare aervice, although the Legislature is vested with the power to legislate and I fully respect that mandate.

Deputy O’Sullivan and I have engaged on this issue before and I fully recognise that the Bill as drafted seeks to address some of the constitutional concerns previously raised. However, I am advised that there are problems remaining from a legal perspective as well as some practical issues and accordingly, I believe that a pre-legislative scrutiny exercise by the relevant Oireachtas committee would allow these issues to be worked through while retaining the principle at the heart of the Bill which is to prevent harm and protect the vulnerable, particularly children. The Oireachtas Committee on Justice and Equality may wish to bring in experts to inform its deliberations, which would be most valuable. I would ask the Deputies opposite to engage with me in that process. The committee might also consider the potential legal implications under the Constitution or the European Convention on Human Rights in terms of balancing the rights of a convicted offender, post-release, with the need to protect people from harm. I would also request the committee to look closely at examples from other jurisdictions where such measures are in place to determine how they are enforced and whether they have faced any legal challenge. In that context, I was interested to hear what Deputies O'Sullivan and Broughan said about the current situation in Australia. Deputy O'Sullivan indicated that similar legislation was enacted pretty speedily in Australia. We can look at that process and I would be happy to give the matter further consideration. Engagement such as I am proposing at the Oireachtas committee might put us in a position to advance this Bill in a speedier manner than might be suggested by my amendment. I would also hope that the committee would have regard to how such a system can be implemented practically and how it can avoid inadvertent consequences. It is important that convicted sex offenders who are making genuine efforts to be rehabilitated are not subject to restrictions which could impede this, for example, where an offender has served a sentence and is living on one side of the Border on this island but working on the other, or where such restrictions would interfere with the right to family life, albeit of a cross-jurisdictional nature.

In my view, pre-legislative scrutiny presents an important opportunity to answer these questions after in-depth consideration. The outcome of that process should then inform a Second Stage discussion of the proposals in this Bill.

It is important to note that the Government has been examining closely the current provisions under the 2001 Act. I intend to bring a draft general scheme of a sex offenders (amendment) Bill before the Government shortly. The aim of this legislation will be to amend the 2001 Act on foot of a review of the management of sex offenders under that Act. It will include a number of amendments to the notification requirements under the 2001 Act, including stricter notification requirements such as requiring offenders to notify the Garda of a change of address within three days as opposed to the existing seven days. The Bill will provide for the enhanced supervision of high-risk offenders, including through electronic monitoring in limited circumstances. The Bill will permit the necessary disclosure of information relating to an offender where there is a genuine risk to the public. In bringing my proposals to the Government, I recognise that there are improvements to be made to the current system. It is in the spirit of making improvements, exploring every opportunity to make sure we have a robust body of law that protects children and ensuring this country can play its part on the international stage, as is the intention of the Bill that has been proposed by Deputy Maureen O'Sullivan, that I am proposing the amendment I have set out this evening.

I acknowledge the role that Deputy Maureen O'Sullivan has played in this process and the important contribution her Bill is making to the protection of children on the international stage. I hope we will have an opportunity in the coming months to engage further on this legislation with the aim of making appropriate improvements to ensure we end up with a constitutionally sound and legally robust Act. I trust this House will have an opportunity to discuss this further at the earliest opportunity.

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