Dáil debates

Wednesday, 19 September 2012

2:25 pm

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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To ask the Minister for Justice and Equality the position regarding the progress made in relation to the electronic tagging of sex offenders; if he will consider post release electronically tagging those convicted of drug trafficking and organised criminality; and if he will make a statement on the matter. [39243/12]

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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The electronic monitoring of an offender after he or she has completed a custodial sentence is not currently provided for in our law. The programme for Government contains a commitment to introduce a series of post-imprisonment restraint orders for violent and sexual offenders to include electronic monitoring 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.

The Department of Justice and Equality has been conducting a wide-ranging examination of the law on sexual offences and a review of the Sex Offenders Act 2001 formed an integral part of that examination. Arising from the review, the Minister expects to seek Government approval for legislative proposals, including a number of amendments to the 2001 Act, later this year. 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.

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.

The Minister's current priority is measures relating to sex offenders. When these have been finalised, consideration will be given to what new measures may be appropriate to violent offenders. I should add the Minister announced yesterday that he has established a working group to conduct a strategic review of penal policy. Electronic monitoring will be examined in that context.

2:35 pm

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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I thank the Minister of State for her response. It is fitting that we are having this discussion on the day the wording of the referendum on children's rights was published. The electronic tagging of sex offenders after their release would protect all members of our community as well as children. I previously raised this matter in September of last year and I was assured by the Minister that progress was under way. I am anxious to see that sex offenders are electronically tagged after their release. It would act as a deterrent to re-offending but I also acknowledge that the measure is not a complete solution to the problem. While electronic tagging gives information about the location of an individual, it does not provide information on activities in which the person is engaging. I welcome the commitment in the programme for Government to tackling this area but I would like to see it happening as quickly as possible. My understanding of research is that there is, effectively, no sex offenders register in Ireland. Although offenders are monitored, subject to notification requirements, by the sex offenders management and intelligence unit at the Garda National Bureau of Criminal Investigation, there is no proper national database for the Garda Síochána and the courts to access. We must examine this point.

We must also consider the seven day clause. At present, any person on the move has seven days to register. In the UK, the figure is three days and we should consider reducing it from seven days. In that period, a person could have travelled around the world and be back without the Garda Síochána being aware.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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The Minister tells me that all the issues raised will be considered in the review of the 2001 Act. The seven day clause, which applies to sex offenders signing on and notifying the Garda Síochána of a change of address when they are released from prison, will also be considered. The area is sensitive and the Minister is aware of the public concern.

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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Starting with the people with the highest risk of reoffending, we must implement this as quickly as possible. People involved in organised crime and subversive groups should also be considered for this treatment. It will help the State in fighting those crimes. The measure should be broadened beyond sex offenders.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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I am not certain that it can be done except at the time of sentencing. I am not ruling it out. I am not sure it can be done in the case of someone who has completed a sentence.