Fergus O'Dowd (Louth, Fine Gael)
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Question 56: To ask the Minister for the Environment, Heritage and Local Government if he will consult local authorities to put in place a uniform national policy on the housing by local authorities of convicted low, medium and high risk sex offenders; and if he will make a statement on the matter. [11306/05]

Noel Ahern (Dublin North West, Fianna Fail)
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Persons, including former prisoners, who are unable to provide housing for themselves from their own resources are entitled to apply for social housing provided either by a local authority or a voluntary body. It is a matter for individual local authorities to decide on the allocation of tenancies to various categories of needs on their waiting lists in accordance with their schemes of letting priorities. My Department has not been approached by housing authorities to facilitate the development of guidelines for the housing of particular categories of former prisoners, nor is it clear that such guidelines would be advisable or practicable having regard to the complex and variable circumstances which might be involved in particular cases.

Fergus O'Dowd (Louth, Fine Gael)
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That is an appalling and disgraceful answer about a serious and fundamental issue. In situations where local authorities have housed sex offenders, the absence of a policy has given rise to vigilantism. A low risk sex offender was housed in an estate in my constituency and their name and those of their family were published in the media and their photo was posted on walls and houses. The absence of a policy created a serious problem.

It is not good enough for the Minister of State to hide behind his ridiculous answer. This is an extremely grave issue. He should examine what has happened in the US where convicted sex offenders have murdered young children. It happens with increasing regularity, at least once or twice per month. There was the appalling murder of two girls in England. We need to ensure that those on the sex offenders' list and at high risk of re-offending——

Séamus Pattison (Carlow-Kilkenny, Labour)
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The Deputy should confine himself to the question.

Fergus O'Dowd (Louth, Fine Gael)
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Does the Minister of State agree that local authorities should in every case submit the name of proposed tenants or residents to the Garda to check whether they are on the sex offenders' list? If they are, the local authority should insist that a risk assessment be done to ascertain whether the person is a high, medium or low risk to the community in which it intends to house them. As it stands, nobody is aware when a high risk sex offender or paedophile goes into a community where there are many young children, schools, sports centres and play areas. The Minister of State is saying that the local authority should not get involved, which is appalling and unacceptable.

Noel Ahern (Dublin North West, Fianna Fail)
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I agree that it is a serious, difficult and sensitive situation. The question is whether a blanket rule should be issued by the Department or whether matters be dealt with on a case-by-case basis. I understand the sensitivity but legislation exists to deal with this issue. Letting priority schemes are administered by local authorities according to guidelines. They have the right to exclude certain people, such as drug users or those convicted of drug offences in the past. However, there is legislative back-up for these measures.

The Sex Offenders Act 2001 put many safeguards in place and prison authorities, the Garda and the Health Service Executive are aware when these people are released from prison and they track and monitor them. The information is supposed to be confidential and only made available to those who need to know. I do not know how information relating to the case to which the Deputy referred got out into the community. Legislation exists but it is doubtful whether formal guidelines from the Department are the way to go in such sensitive matters. So far local authorities handle them under their letting priorities schemes. They have not asked for guidance and it is an evolving situation. However, it should continue to be dealt with sensitively and on a case-by-case basis in conjunction with the authorities, the Garda and the HSE.

Fergus O'Dowd (Louth, Fine Gael)
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The Minister of State agrees this is a serious issue and that, in the absence of a policy, communities can be subjected to vigilantism. He and the Government should demonstrate leadership in the area and consult local authorities as to the best policy for each of the three categories. This is the case in other countries when dealing with low, medium and high risk offenders. Will the Minister of State give a commitment to initiate such a policy and discussion? I welcome that the Garda and health authorities are aware of these issues, but local authorities are the key players in housing and they are not always aware. They do not need to know the totality of each case, but they should refer all names to the Garda to identify sex offenders.

If such appalling acts occur in other countries, it will be only a matter of time before they occur here. We must deal with the issue in a rational manner. The current policy is to do nothing which has led to unacceptable acts of vigilantism. Will the Minister of State initiate discussions with the local authorities, the Minister for Health and Children and the Minister for Justice, Equality and Law Reform with a view to debating the issue and drafting a White Paper or discussion document? I do not expect him to have the answers today, but he should take the matter seriously, take action and demonstrate leadership.

Noel Ahern (Dublin North West, Fianna Fail)
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I regard the matter as serious but we must consider how to deal with it. Legislation exists in the Sex Offenders Act 2001 which places responsibility on the prison authorities, Garda and health services. The Deputy has not convinced me. How did the information get out in the case to which he referred?

Fergus O'Dowd (Louth, Fine Gael)
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I can help the Minister of State. The local authority could refer the names to the Garda.

Noel Ahern (Dublin North West, Fianna Fail)
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People coming out of prison, no matter what they have been convicted of, have a right and entitlement to apply for housing.

Fergus O'Dowd (Louth, Fine Gael)
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Absolutely. There is no doubt about that.

Noel Ahern (Dublin North West, Fianna Fail)
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They must be housed somewhere. However, legislation exists and local authorities are not in the loop.

Fergus O'Dowd (Louth, Fine Gael)
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Will the Minister of State do something about the issue?

Finian McGrath (Dublin North Central, Independent)
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He will talk about it but not do anything.

Noel Ahern (Dublin North West, Fianna Fail)
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We have not been involved in the housing aspect, but I will consider what the Deputy has said. However, I am reluctant because there is another side. I am unsure whether we can make progress on the matter by involving the housing departments of local authorities.