Dáil debates
Thursday, 18 November 2021
Sex Offenders (Amendment) Bill 2021: Second Stage (Resumed)
3:15 pm
Emer Higgins (Dublin Mid West, Fine Gael) | Oireachtas source
I welcome the opportunity to discuss this profoundly important legislation. I congratulate the Minister for Justice, Deputy McEntee, in particular for working so swiftly to bring this Bill before the House. This legislation is primarily concerned with strengthening the monitoring of sex offenders within our communities but, more importantly, it is focused on protecting and supporting survivors of sexual offences. This gives them the reassurance that the person who perpetrated such an awful crime against them will not have the opportunity to do so again.
Our criminal justice system is centred on the perpetrator of the crime. Where possible, we should be focused on a victim-centred approach. Reforming the criminal justice system to be more victim-centred is an ambition of the Minister and it is one that I fully support.
Returning convicted sex offenders into society after a prison sentence is complex. It can often come with a lot of anxiety for survivors, their friends and family. That is because, much of the time, close ties can exist between many sex offenders and their victims. We have a robust system in place to manage those with a conviction for a sexual offence, but this legislation will further strengthen that system, and put a number of important actions on a statutory footing.
I welcome the extension of the notification requirements for sex offenders and the shorter three-day notice period for a change of address. Ireland must not be found lagging in this area of criminal justice and the provision brings us in line with other jurisdictions, including the UK. This legislation will also provide for electronic tagging and prohibit convicted sex offenders from engaging in certain work, in particular working with children and vulnerable people, which is a highly important provision. In terms of working with vulnerable people, the prohibition on sex offenders will be limited by sentencing and I have some concerns about that. The Bill will be an important part of the existing range of protections in place to support survivors of sexual offences.
I wish to give voice to some of the points raised by the Rape Crisis Network Ireland on the Bill. Who better to consult with than with those exceptional advocates, the victims of sexual offences. The network broadly welcomes the move to update the previously outdated language in the definition of a "vulnerable person". However, I agree that there is scope to go further with this definition beyond those with a disability or mental illness.
The O'Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences set out that there is nowadays a widespread view that witnesses in criminal trials, especially for a sexual offence, may be vulnerable by virtue of the circumstances, even if they do not have a physical or mental disability. Rape Crisis Network Ireland asks that we consider inclusion of circumstances where a person is the previous victim of the released offender's crimes, or is at particular risk for another determined reason, within the definition of vulnerable person. The network makes a good point about enhanced Garda notification and identification. These provisions are welcome, but it is important that the Garda have the necessary IT infrastructure to ensure that there is a capacity to co-ordinate information throughout the country. This is not the case currently because information is retained locally. Adequate Garda resources will be essential, especially when it comes to the electronic monitoring of sex offenders for it to be workable. It is important that we ensure those resources are in place.
Sadly, we know that sexual offences are predominantly committed against women. Some 29% of women in Ireland have been affected by domestic abuse. A total of 12 % of Irish women and girls over the age of 15 have experienced stalking. One in four women in Ireland has experienced physical or sexual violence since the age of 15. The statistics are horrific. Strength and support are needed to overcome the lasting impacts of sexual abuse of any kind. These are scary and scarring experiences, especially for women. I welcome the work that the Minister and the Government are doing to prevent and reduce instances of sexual offences, violence and abuse against both men and women.
I also take this opportunity to commend the work that organisations such as Rape Crisis Network Ireland, Women's Aid and Safe Ireland do. In particular, I want to mention Saoirse Women's Refuge in Rathcoole in my local area, which does amazing work in supporting women and children who are affected by domestic violence. Victims of sexual offences can be brought some comfort in knowing that their offender has been brought to justice and is being closely monitored and managed by the Garda. This Bill gives them that comfort. Groups like Saoirse Women's Refuge provide much needed around-the-clock support for survivors.
I welcome this legislation, as it will strengthen our approach to dealing with sexual offenders when they return to the community, but, most importantly, it will give survivors the support and protection they need and deserve. It will bring us another step closer to achieving a victim-centred criminal justice system, for which we all must continue to strive.
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