Cathal Crowe (Clare, Fianna Fail)
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4. To ask the Tánaiste and Minister for Justice and Equality if consideration has been given to a register of those convicted of serious crimes; and if she will make a statement on the matter. [35643/22]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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A conviction for a serious criminal offence is a very public event. If a person is convicted of murder, manslaughter or rape, they will be tried in public and the conviction will be announced in public. However, the public is dependent of a member of the press being in court in order to become aware of it. Taking into account Article 10 of the general data protection regulation, GDPR, has consideration been given to establishing a register of those convicted of serious crimes of violence?

Helen McEntee (Meath East, Fine Gael)
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I thank the Deputy. There is no register of convicted criminals currently in place and no such register is under consideration. Justice is administered, as the Deputy said, in public in accordance with the Constitution and court outcomes can be reported in the media. The Deputy will appreciate that a decision on whether to convict a person and for what crime is a matter for the presiding judge and, quite properly, I have no role in this. Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. I assure the Deputy that the aim of the system is to make Ireland a safer and fairer place and I think we would all support that.

Appropriate sanction for those who commit crime is a key element of the justice system and, in the interests of public safety, the rehabilitation and reintegration of offenders into the community is at its core. This is the most effective and sustainable way to achieve a reduction in reoffending and to encourage and support a change in behaviour.

Records are maintained by the Courts Service of all convictions. Garda vetting provides an essential layer of protection for our most vulnerable people. The National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 provide a legislative basis for the mandatory vetting of anyone wishing to undertake certain work or activities relating to children or vulnerable persons or to provide certain services to children or vulnerable persons. Individuals can also apply to An Garda Síochána for details of their own convictions.

The programme for Government contains a commitment to review the Criminal Justice (Spent Convictions and Certain Disclosures) Act. This is to broaden the range of convictions that can be considered spent. This is an important commitment designed to help us to move towards a safer society with safer communities by making sure those who make mistakes have an opportunity to move on with their lives, where the conviction is for a minor crime at a point in their lives at which there is a strong incentive to stop offending and get their lives back on track. The Deputy asked about where there is serious crime and I ask him to get into that in more detail in his response. A general register is not something the Department is looking at, nor is it something I would favour.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I do not suggest a register of persons convicted of minor or summary offences, or for other than violent criminal offences. What I suggest arises from the fact that I, like the Minister, recently met Jason Poole, whose sister Jennifer was brutally murdered a year ago by a man who had a conviction for stabbing another partner of his. The point Jason Poole made to me and many others was that, had she been aware of his violent past, she would not have commenced or continued a relationship with him. We need to look at information being provided to affected persons in respect of those convicted of crimes of violence. We publish details of those involved in tax fraud. When a solicitor or doctor is stuck off the register, that information is provided. I do not suggest we provide information about people convicted of minor offences, but for those convicted or serious criminal acts of violence, some assessment needs to be done as to how the public can be warned of that.

Helen McEntee (Meath East, Fine Gael)
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It goes back to the Deputy's original point, which I referred to in my response, that any person convicted of a serious crime will have gone before the courts in a public manner. The media can report, though I accept that does not happen in every instance.

In relation to Jason Poole and the awful circumstances of his sister's murder, I cannot commend him enough on the work he has done in advocating on her behalf and that of all victims of murder at the hands of their partners. I have given a commitment, as was clear in our strategy launched last week, to work with An Garda Síochána to examine the possibility of a register for perpetrators of domestic violence or serious crimes of this type. I have met with the Garda Commissioner, discussed it with him on two occasions and asked him and his team to come back to me directly on how this could work, taking into account GDPR, looking at other jurisdictions where it has come into place and seeing how it could be applied here. I have given a commitment to Jason that I will respond to him as quickly as possible.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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It is interesting that whether a conviction is publicised depends, completely arbitrarily, on whether a member of the media is in court. A person could be convicted of rape in Dublin one day with huge media attention around it, while on another day there might not be that much media attention. It is unreliable to have a system whereby we are dependent upon members of the press being in court for the public to be given information that is publicly available and that we say should be publicised.

I ask the Minister to consider with her Department officials that we could have a register of those who have committed violent offences for which they have received custodial sentences. That information would be available to the gardaí, who could use it as they see fit, particularly where people find themselves in a relationship with somebody who has previously shown a propensity to commit violence in a relationship.

Helen McEntee (Meath East, Fine Gael)
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Anything we would introduce or consider would need to be with the support of and in consultation with An Garda Síochána to make sure it is effective. Where serious criminal offences are committed, it is important that the punishment matches the crime and that those convicted serve the right sentence or penalty, while acknowledging that we need rehabilitation and reform in our society. We need to make sure the sentence matches the crime and that is why in the last week I have made proposals that the maximum penalty for the general assault crime, under which many domestic violence acts happen, be extended from five to ten years. This will ensure that if a significant penalty is applied, even with mitigating factors, guilty pleas and other elements to a case, a person will serve the correct time.

It is about striking the right balance. We also have to make sure that, where individuals commit a crime, they are allowed to get on with their lives and to try to change them without a record constantly hindering them or preventing them from moving forward, although this again comes back to the issue of serious crimes versus smaller crimes. It is about striking that balance. Anything we do would have to be done in consultation with An Garda Síochána.