Willie O'Dea (Limerick City, Fianna Fail)
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Question 15: To ask the Minister for Justice and Equality his views on the commitment in the Programme for Government to introduce a series of post-imprisonment restraint orders for violent and sexual offenders [7068/11]

Alan Shatter (Dublin South, Fine Gael)
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I welcome Deputy O'Dea's questions but it is unusual he did not regard them as sufficiently important to attend before the House but perhaps on the next occasion we have justice questions he might deem it appropriate to join us.

In the context of this question, the commitment to which the Deputy refers is the introduction of a series of post-imprisonment restraint orders for violent and sexual offenders to include electronic tagging and other restrictions, which may be imposed at the time of sentencing.

The Sex Offenders Act 2001 introduced the sex offenders' register, post-release supervision orders for sex offenders and civil orders restricting sex offenders in certain ways. Proposals aimed at amending the Act are at an advanced stage of development. Legislative proposals being considered include measures for the electronic monitoring of sex offenders in specific circumstances and changes with regard to civil sex offender orders to make it easier to apply to a court for such an order. During my time in Opposition I specifically pressed for the enactment of such legislation.

Apart from the post-release orders applicable to sex offenders, the law provides for a range of orders that may apply, post-release, to persons convicted of other offences. These include the registration requirement for drug trafficking offenders - Part 9 of the Criminal Justice Act 2006, the monitoring and protection of persons orders under section 26 of the Criminal Justice Act 2007 and post-release orders, in the case of serious offences, as provided for in section 14 of the Criminal Justice (Amendment) Act 2009.

When measures have been finalised for sex offenders, consideration will be given to what new measures may be appropriate to violent offenders. I am particularly anxious that we progress, at an early stage, the legislation with regard to the tagging of sex offenders so as to extend to the courts a facility, when dealing with sex offenders who are convicted, in addition to sentencing, to provide for tagging for a period following release from any term of imprisonment that may have been imposed.

Seán Crowe (Dublin South West, Sinn Fein)
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There is great concern about the monitoring of such offenders, particularly in communities in the aftermath of a serious sexual attack in the area or the release of an offender, as we saw happen in the case of an individual recently who was no longer supposed to be in this country. There is concern about the monitoring of such offenders, the resources to provide for it and how it will be done. Will the Minister expand on that and on how we can secure support for this and possibly involve the community in this respect? Is there a way to build confidence in respect of this matter? There are major concerns with regard to a number of offenders who have been released. Some of these individuals are serial offenders. When they move out of a particular area, people become concerned with regard to whether adequate resources are in place and whether the Garda is monitoring their activities.

Alan Shatter (Dublin South, Fine Gael)
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It is important that we should consider this issue in a comprehensive way. It is not just a question of what happens when an offender who has served a prison sentence is released. It also relates to how we approach these matters in the context of the Prison Service. There is a particular need to ensure those convicted of sexual offences participate in whatever sex offenders programmes might be available and that such programmes are of a sufficiently sophisticated and diverse nature to meet the different needs that exist.

One of the items of legislation I hope to bring forward in the future will involve re-examining the circumstances surrounding the granting of remission to sex offenders and certain other offenders to ensure that, on the question of good conduct and prior to release, they participate in appropriate programmes. International research has shown that participation in such programmes reduces the likelihood of reoffending. There can never be a guarantee that someone will not reoffend. It is in such circumstances that there are other methods which are of assistance in dealing with certain matters. I refer here to the Garda monitoring those who are on the sex offenders register. In addition, electronic tagging has an important role to play in the early period following the release of a sex offender.

We will have a greater opportunity to consider and debate these issues in the future. I may be suggesting that a general debate take place in order that Deputies might have the opportunity to express their views and to make a policy input into the legislation we are going to develop in this area.