Joe Costello (Dublin Central, Labour)
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I welcome the Minister of State to the House. This matter concerns the need for the Minister for Justice, Equality and Law Reform to clarify his policy on convicted paedophiles while serving prison sentences and after release in the community. It is a serious matter which has been brought to my attention by a number of people and which I want addressed. I am not satisfied the necessary structures are in place to deal with the problem that exists, particularly in light of the Ferns Report.

Approximately 10% of the prison population at any given time are sex offenders. However, the Government has taken no action to ensure that these offenders have access to treatment and counselling when convicted and serving a custodial sentence in prison. As a result, they leave prison in exactly the same condition that they entered it. This situation is serious, particularly in the case of paedophiles, as they return to the community with the same predatory instincts and intentions as when they entered prison.

The annual report of the prison chaplains last week demonstrated the stark reality of the lack of counselling for sex offenders in our prisons. The Government response when sex offenders are released from prison is equally irresponsible. Sex offenders are obliged to register with the Garda Síochána and are put on a register of offenders, but that is the end of the matter. The register is a confidential document and only the most senior members in a Garda station are aware of the identity of a paedophile in a Garda district.

The abused family or families are not necessarily informed that the offender has returned to the local community. In effect, nothing has changed and the sexual predator is free to move in the same circles, with the same opportunities to abuse. When the abused person and his or her family become aware of the situation, they are immediately plunged into a state of fear and frustration. Other children who may have been abused by the same paedophile but who may not have come forward to give evidence at a court case also live in fear, while their parents may be totally unaware of the situation affecting their children. Other children might be exposed to abuse for the first time.

Released paedophiles who are loose in the community are walking bombshells and will re-offend, as the Ferns Report showed, because they do not see their behaviour as wrong. It is essential for convicted paedophiles to attend comprehensive programmes of treatment and counselling while in prison.

Equally, it is essential that the register of sex offenders should mean something. There must be provision for supervision of all paedophiles after release and their attendance at treatment and counselling programmes and support groups; for the vulnerable victims and targets of previous abuse and for their parents to be informed of the paedophiles release and whereabouts; and lines of communication must be open at all times between the relevant members of the Garda Síochána and the victims and their parents.

The findings of the Ferns Inquiry highlighted the need for the State to introduce urgent measures to protect vulnerable children from clerical sexual abuse. It is high time urgent measures were introduced to protect vulnerable children from all forms of sexual abuse.

Tony Killeen (Clare, Fianna Fail)
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I thank Deputy Costello for raising this matter and acknowledge his commitment to reform in the prison sector. I am deputising this evening for the Minister for Justice, Equality and Law Reform, Deputy McDowell.

The management of sex offenders, both while they are in prison and in the community, is a matter which the Minister of Justice, Equality and Law Reform, his Department and associated agencies continually consider. Before moving to the substance of this debate, I wish to clarify that my remarks refer to all sex offenders, not just the particular subset who can be classified as paedophiles, although that group raises particular concerns.

While in prison, every effort is made to assist any offender willing to participate at any level in their personal rehabilitation and relapse prevention. There are three forms of direct therapeutic intervention for sex offenders operating within the prison system, namely, individual counselling from the Prison Service's psychology service and from the probation and welfare service; the sex offender programme, in operation since 1994; and one-to-one interventions by visiting psychiatrists who provide support for prisoners.

The second intervention, which receives most media coverage, is the intensive offence-focused group programme. The programme is managed and delivered by members of the probation and welfare service and the Irish Prison Service's psychology service. In keeping with international best practice in this area, the programme is a structured, offence-focused programme, employing a cognitive behavioural approach with a relapse prevention component. A total of 114 sex offenders have completed the sex offender programme to date. A further eight men are undertaking the programme in Arbour Hill Prison.

The number of suitably motivated offenders applying for participation on the sex offenders programme has declined in recent years and this is a matter of concern. The Prison Service is examining this situation to determine what measures may be taken to increase the number of offenders participating on the programme. Several additional psychologists have recently been appointed to the Prison Service. These new psychologists will play an important role in working with offenders to address their offending behaviour, including work with sex offenders aimed at enhancing their preparedness for possible participation on the sex offender programme.

The successful completion of any therapeutic intervention of this nature depends on the full and willing participation of self-motivated individuals. Continual consideration is given to encouraging prisoners to undertake interventions addressing their sexual offending. The Department of Justice, Equality and Law Reform, the Prison Service and the probation and welfare service are collectively examining all the issues involved in increasing the number of sex offenders attending programmes, both in prison and in the community. As well as looking at how to get prisoners into the current programme——

Joe Costello (Dublin Central, Labour)
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Open up the Curragh Prison.

Tony Killeen (Clare, Fianna Fail)
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——they are examining how the services can improve the range of interventions available to offenders, and thereby increase the number of offenders addressing their offending. Their core concern is that any approach proposed should contribute to enhancing societal and community protection.

Another development in this regard is the Minister's recently announced proposal for new statutory sentencing powers by way of amendment to the Criminal Justice Bill 2004. The purpose of these new statutory sentencing powers is to provide a real and practical incentive to offenders to deal with issues giving rise to the offending and to stay away from crime.

These new provisions will, among other things, give a court a statutory power to suspend or partially suspend sentences, other than mandatory sentences, subject to certain conditions. The conditions include a standard condition that the person keeps the peace and is of good behaviour during the period of imprisonment and the period of suspension.

However, the court may also make its order subject to other conditions. For example, an order may include a condition that the person should undergo drug or other substance abuse treatment or a rehabilitation course for sex offenders, or that the person should agree to be subject to the supervision of the probation and welfare service. Breach of the conditions will result in the imposition of the suspended sentence and the sentence for any offence committed while the first sentence was suspended shall be consecutive on the first sentence.

The Sex Offenders Act 2001 provides inter alia for notification requirements in relation to convicted sex offenders. Under that Act, the court has a duty to consider imposition of a sentence involving post-release supervision. This allows for the possibility that during a specified period — the supervision period — which commences on the date of the offender's release from prison the offender is under the supervision of a probation and welfare officer and is required to comply with such conditions as are specified in the sentence for securing that supervision.

Conditions may include the requirement that the offender receive psychological counselling or other appropriate treatment provided by the probation and welfare service or any other body which it appears to the court, having regard to any submissions made to it on behalf of the probation and welfare service, is an appropriate body to provide such counselling or treatment.

The Minister and his Department keep the provisions of the Sex Offenders Act 2001 under regular review with a view to ensuring they operate in a satisfactory manner.