Paul Kehoe (Wexford, Fine Gael) | Oireachtas source

I thank all the Deputies for their considered input to tonight's thought-provoking debate on this important subject. As the Minister for Justice and Equality, Deputy Flanagan, outlined, he has given much thought to the key intention of this Bill, which is to prevent harm to the most vulnerable. As a society, we must always be concerned with those who are most in need of protection and it is right that such concern not cease at the limits of our own country. Our values are pursued all over the world through the good work of the Defence Forces, which serve on overseas missions, and through the work of the Tánaiste and Minister for Foreign Affairs and Trade and the mission network he oversees, particularly in the developing world and through the UN's institutions.

As Minister Flanagan made clear, however, there are a range of legal and operational issues which must be considered in light of the proposals in this Bill. There is a rigorous system of post-release supervision in place for convicted sex offenders in Ireland. Under the Sex Offenders Act 2001, at the lowest end, a person who has received a suspended or non-custodial sentence for a sexual offences is subject to the provisions of the Act for five years; and this increases to an indefinite period where a sentence of imprisonment for two years or more has been imposed.

A sex offender subject to these provisions must notify An Garda Síochána of his or her place of residence, and the Act allows the court to specify a period of post-release supervision. The 2001 Act also allows for the imposition of a sex offender order, which may prohibit the person from doing certain things in order to protect the public from harm. Importantly, the 2001 Act has regard to the question of a convicted sex offender who wishes to leave the State for a period. The Act provides that such a person must notify An Garda Síochána of the person's intention to travel outside the State for seven or more days, and provide the address of the place where the person will stay, if known.

This Bill proposes to extend the power of the court to prohibit a person from travelling outside the State entirely, or to require that the person must apply to the court for leave to travel. As the Minister for Justice and Equality noted earlier, this represents a very significant expansion of the terms of the 2001 Act and the Minister has identified a number of issues which require further consideration. The Minister's concerns are centred around two factors: the legal implications of such provisions under the Constitution, EU law and the European Convention on Human Rights; and the practical and policy implications of the proposals with regard to the effective supervision of a convicted sex offender.

As a means of addressing these concerns effectively, the Minister has moved the amendment to enable the Oireachtas Committee on Justice and Equality to look closely at these proposals and to address directly the concerns he has identified. The Minister has proposed that the Oireachtas committee has regard to whether the proposed Bill gives rise to constitutional difficulties or difficulties under the European Convention on Human Rights or European Union law; and whether the proposals strike a balanced and measured approach in relation to competing rights, in particular, the balance between the rights the person convicted of a sex offence and the need for protection of vulnerable members of society, including those outside Ireland.

The Oireachtas committee will also be asked to examine the extent and scope of any restrictions on travel for convicted sex offenders to other states and to identify the means by which a restriction on travel to other states by a convicted sex offender could be administered and supervised. As part of this, the Oireachtas committee can look at the experience of other jurisdictions which have introduced similar legislative provisions. I am aware that Australia has introduced a similar measure but I am not aware of other examples.

The Government believes that pre-legislative scrutiny is an important part of the legislative process. It results in better legislation and it gives Oireachtas Members a greater opportunity to shape legislation and interrogate the underlying principles of a Bill. Pre-legislative scrutiny of this Bill will result in a better Bill in due course. As the Minister, Deputy Flanagan, outlined earlier, he is preparing his own amendments to the Sex Offenders Act 2001 which will enhance the supervision of convicted sex offenders, strengthening the notification requirements and, where the risk posed to the public is significant, allowing for the use of electronic monitoring devices.

This Government has, in recent years, also brought forward important legislation on sexual offences in the form of the Criminal Law (Sexual Offences) Act 2017, which updated the law on the grooming of children using modern technology and created new offences. A number of other important pieces of legislation will also be brought forward this year, including the Criminal Law (Sexual Offences) (Amendment) Bill 2018 which provides for sentencing for repeat sex offenders.

While the intention of this Bill is very clear, these are not easy issues to consider as they impinge on constitutional rights. As the Minister, Deputy Flanagan, noted earlier, the provisions of this Bill may have unintended consequences. The limitations proposed would restrict all travel outside the State, including on the island. It would be extremely difficult to identify in legislation particular countries where these limits should and could apply but the committee may have recourse to expert advice on that issue and that would be very valuable. The experience of Australia will be important, notwithstanding its different constitutional arrangements and, indeed, the relevance of its geographic location in this context. It will be useful to identify the kinds of travel restrictions on convicted sex offenders that Australia has put in place and how effective these measures have been.

With these issues in mind, the Minister for Justice and Equality proposed this amendment to enable a thorough assessment of these provisions and the broader surrounding issues by the Oireachtas Committee on Justice and Equality. The outcome of this process will then inform any discussion of this Bill in 12 months' time.

The Minister for Justice and Equality has asked me to pass on his thanks to Deputy Maureen O'Sullivan for this proposal and I join him in commending the Deputy on her tireless work on behalf of the vulnerable around the world. The Minister looks forward to contributing to the Second Stage debate on this Bill when it returns to the floor of the Dáil following pre-legislative scrutiny. In the interim period, the Minister, Deputy Flanagan, believes that we will be in a better position to bring forward amendments to the Sex Offenders Act 2001 which capture the complex legal, constitutional and operational elements of this issue.

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