Simon Coveney (Cork South Central, Fine Gael)
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Question 49: To ask the Minister for Justice, Equality and Law Reform his views on electronic tagging for sex offenders; and if he will make a statement on the matter. [21566/09]

Dermot Ahern (Louth, Fianna Fail)
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The Deputy will be aware that I published a detailed discussion document on the management of convicted sex offenders last January. The document highlights, inter alia, the possibility of using GPS electronic monitoring technology to monitor higher-risk convicted sex offenders for the first six months after the completion of their prison sentences and their release back into the community. A range of supports and care is particularly useful for reintegration during this critical period for many offenders. When I published the comprehensive review of how we deal with higher-risk offenders, I also announced the establishment of a project board, led by the probation and welfare service, that will examine specific possibilities in the context of the implementation of electronic monitoring, more generally, in this jurisdiction. I expect to receive the recommendations of the board, which is working to the brief I have mentioned, in the coming months. The board's report will inform decisions on the use that might be made of electronic monitoring technology in this jurisdiction. The Deputy will appreciate that this type of technology is another tool that can be used to support supervision regimes in the criminal justice system. It can help the probation and welfare service and the Garda Síochána, for example, to manage offenders in general, specifically sex offenders. In addition, the Department of Justice, Equality and Law Reform is examining whether legislation will be necessary to supplement the existing enabling provisions in the Criminal Justice Acts 2006 and 2007 if we introduce a pilot phase of electronic monitoring in this jurisdiction for a specific group or groups of convicted offenders, such as sex offenders.

Charles Flanagan (Laois-Offaly, Fine Gael)
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In his reply, the Minister mentioned "the possibility" of introducing the electronic tagging of sex offenders. Does this mean that the Minister's stance on the matter is cooling? My understanding was that an announcement had been made to the effect that this would happen. Is it still the Minister's intention to proceed along the lines that had been suggested by him? Since the introduction of the Criminal Justice Act 2007, which allows for the electronic tagging of certain offenders, not one person in this jurisdiction has been subjected to such tagging. Will the Minister specify in detail changes to legislation that will be required, having regard to the fact that such an order is not made at sentencing stage? Will he comment on the manner in which these post-release orders and conditions might be implemented without having to revisit the issue in the courts?

Dermot Ahern (Louth, Fianna Fail)
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It is my intention and I have not softened in that respect. This is quite a complex area. In France only 20 serious sex offenders are subject to electronic monitoring. If we proceed on this, which I hope we will do in the not too distant future, we will be the first in Europe to use a global positioning service, GPS. Tagging is used extensively in the US but not so extensively in other European countries and as far as I know none of them uses GPS. We want to use this because it is more efficient. Equally, however, it is more costly. To do it for sex offenders initially would be the way to proceed, even on a pilot basis, because their numbers are small and potentially more dangerous to society and we can extend it to the wider convicted population post-release. Legislative change may be required to expand it to sex offenders. The legislation allows it to be used for ordinary criminals.

Charles Flanagan (Laois-Offaly, Fine Gael)
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Will the Minister confirm that a form of dedicated community framework support is needed having regard to the fact that the less that is known of the whereabouts of a sex offender the greater the community risk? Any programme of which the Minister speaks will involve community personnel and particularly the probation service. What role, if any, does he envisage for the probation service in such a regime?

Dermot Ahern (Louth, Fianna Fail)
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That is why I have set up a project board referrable to the probation service in respect of the specific issue raised in this question, the electronic monitoring of sex offenders. We have issued a major discussion document on the overall management of sex offenders while in prison and post-release. We have the provision for post-release orders for supervision and monitoring. The probation service is fully engaged with this. That is its job.