James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank Deputies for their contributions on this important Bill over the last number of days. As Minister of State at the Department of Justice, I am determined to see our communities made safer. We make our communities safer by ensuring that the most vulnerable, women and children in particular, are protected. The Sex Offenders (Amendment) Bill 2021, which I am recommending here today, helps to achieve that. It does so by reinforcing the law on sex offenders. It strengthens the powers of An Garda Síochána to monitor convicted sex offenders and restrict their movements where it is necessary to protect their communities. It tightens notification requirements regarding sex offenders. It allows for electronic tagging of sex offenders and it enables An Garda Síochána to release information on sex offenders where it is necessary.

Victims of sex offenders must be supported and protected from further trauma. This Bill is just one part of a large suite of measures that the Government is implementing to protect victims of domestic and sexual violence. We have legislated for preliminary trial hearings to ensure that trials are kept to a minimal length. We have introduced Supporting a Victim's Journey to support and protect vulnerable witnesses during the investigation and prosecution of sexual offences. We have increased funding for non-governmental organisations that provide support for victims. In budget 2022, we significantly increased the allocation of funding to combat domestic, sexual and gender-based violence, under Supporting a Victim's Journey.

After my appointment, I was glad to visit the Wexford-Wicklow divisional protective services unit. I commend the work being carried out by the staff there and the ongoing work of Chief Superintendent Anthony Pettit and Superintendent James Doyle. These units are tasked with investigations into areas involving vulnerable adults, sexual crimes, online child exploitation, domestic abuse and trafficking and with liaising with victims, among other issues. The work that has been carried out since the introduction of those units across the country deserves to be commended. I also acknowledge the work of victim support organisations throughout Ireland, especially in my home county, with the Wexford Women's Refuge and the Wexford Rape Crisis centre.

I will respond to a number of issues raised by Deputies over the last two days. A number asked why the court is not already in a position to prohibit an offender from working with children. I assure Deputies that the courts can and do prohibit offenders from working or volunteering with children. This Bill will require the court to consider it in every case.

Regarding fingerprints, in almost all cases, the Garda will already have taken the fingerprints of an offender under other powers. The provision proposed in this Bill allows the Garda Síochána to take fingerprints in order to confirm the identity of a sex offender when making a notification.

I understand the concerns raised by Deputies about electronic monitoring. The operational details of how the electronic monitoring will work will have to be carefully developed together with An Garda Síochána and the Probation Service. I assure Deputy Kenny that this will be developed in line with Council of Europe guidelines. The Bill provides that electronic monitoring can be provided by a third party on a contractual basis. This is to ensure that the ICT aspects do not need to be provided by the Garda. However, all follow-up, response and intervention will be provided by the Garda or the Probation Service. Technology for electronic monitoring has advanced over the years but not all of its limitations have been overcome. I accept that we need to be careful with how it is used. Piloting a scheme may be viable in this context. Having the legislation available will allow us to develop such a scheme.

Deputy Howlin raised the point that the management of sex offenders should be consistent. The sex offender risk assessment and management, SORAM, model is designed to operate at both a national level, under a national SORAM steering group, and a local level, through local SORAM teams. This ensures a consistent approach to the management of sex offenders across the country. The steering group has responsibility for providing guidance and support to local SORAM teams and has overall oversight of the SORAM model. The national SORAM office provides support to the local SORAM teams on a day-to-day basis, while working closely with the national SORAM steering group on the operational development of the SORAM model on a nationwide basis. The SORAM teams prepare comprehensive risk assessment and management plans for each offender. These are regularly reviewed by the gardaí and the probation officer. The plans identify current relevant risks and identify actions and interventions to be carried out by specified persons to address and manage these risks.

Deputies raised a number of important points on the topic of disclosure. It is a difficult area to navigate and I recognise the risks associated with wide disclosure of information.

A delicate balance needs to be struck. This issue needs to be carefully teased out. I look forward to working with my colleagues on Committee Stage in regard to this matter.

Deputy Patricia Ryan asked about the level of training for the divisional protective service units, DPSUs. Personnel assigned to the DPSUs are provided with bespoke training consisting of a number of modules that address issues such as investigating sexual crime, child protection, investigating domestic abuse, online child exploitation and sex offender management. While training of gardaí is an operational matter for the Garda Commissioner, I have been advised that the Garda National Protective Services Bureau reports that the second phase of the DPSU review is focused on training, with an intent to redevelop the DPSU training. This is to ensure that the outcome is a customised fit-for-purpose victim-centric training course delivered to all DPSU members. The final DPSU training proposal is near completion. It is anticipated that the liaison with the Garda College will occur shortly in order to ensure delivery.

I welcome Deputy Jim O'Callaghan's comments in pointing the more recent judicial studies in regard to this area and the importance of developing a clear relationship between the prosecutive council and victims. I will certainly take those comments into account.

I listened to the comments of Deputy Denis Naughten, who has been very strong on this issue for a very long time and has pursued it with determination. Again, the Deputy's comments will be taken into account in regard to Committee Stage.

Deputy Devlin also made some very important contributions. Deputy McNamara raised a number of particular and pointed issues. I will endeavour to have my officials respond to him on the more technical points.

The subject matter dealt with by the Bill is only one strand of a much broader body of work that my Department is undertaking to tackle domestic, sexual and gender-based violence and to keep our communities safe. The provisions in the Sex Offenders (Amendment) Bill 2021 are designed to strengthen and improve the system of managing and monitoring of sex offenders in the community. I believe that the Bill as presented achieves that aim. I thank the Deputies for their support for the Bill and I look forward to working with them in more detail in regard to the Bill on Committee Stage.

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