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Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Sex Offenders (Amendment) Bill 2018: Discussion (28 Nov 2018)

Jim O'Callaghan: I thank all of the delegates for being here today and for the considerable amount of effort they put into their submissions. They will be of great assistance to members during our consideration of the legislation as it progresses through the Houses. This is a difficult issue. I am conscious that all of the witnesses look at it from the point of view of problems arising. For example, those...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Sex Offenders (Amendment) Bill 2018: Discussion (28 Nov 2018)

Jim O'Callaghan: Okay.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Sex Offenders (Amendment) Bill 2018: Discussion (28 Nov 2018)

Jim O'Callaghan: I am sure it is also the case that many people who go abroad and sexually abuse children have never had a criminal conviction here. They are probably as big a threat as people who have been convicted.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Sex Offenders (Amendment) Bill 2018: Discussion (28 Nov 2018)

Jim O'Callaghan: Okay. I was looking at head 10, the new section 14B on disclosure. Does Ms Counihan have any concerns about how this could in a way drive sex offenders underground? It is for the public benefit as there may be a threat to individuals so the Garda would inform people nearby of what happens. If that becomes common, many sex offenders will not stay registered and they will drift into the...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Sex Offenders (Amendment) Bill 2018: Discussion (28 Nov 2018)

Jim O'Callaghan: Does the Probation Service have any concerns about the idea that people may be driven underground if there is a capacity for disclosure?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Sex Offenders (Amendment) Bill 2018: Discussion (28 Nov 2018)

Jim O'Callaghan: They are a bigger threat to the public when they are underground and the office does not know where they are.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Sex Offenders (Amendment) Bill 2018: Discussion (28 Nov 2018)

Jim O'Callaghan: I thank Assistant Chief Constable Gray for coming down. We have electronic monitoring on the Statute Book but it has only been used really on a pilot basis. In her statement, Ms Gray has said it is not used exclusively for sex offences but rather for general offences. Is it used for the purpose of monitoring people on bail in Northern Ireland and as a condition for that bail?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Sex Offenders (Amendment) Bill 2018: Discussion (28 Nov 2018)

Jim O'Callaghan: Okay.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Sex Offenders (Amendment) Bill 2018: Discussion (28 Nov 2018)

Jim O'Callaghan: It is important and sometimes when people present monitoring, it is seen as an additional penalty. Our contention is that it should not be seen as an additional penalty but rather as an alternative to incarceration. Sometimes that is the way it operates in Northern Ireland.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Sex Offenders (Amendment) Bill 2018: Discussion (28 Nov 2018)

Jim O'Callaghan: I am the Fianna Fáil spokesperson and we work collectively as a committee. I am supportive of both items of legislation but it is a really complicated and complex area. We must be careful in how we approach this. The witnesses all get involved after a problem has arisen but there is a bigger question for society as to what is causing people to engage in sexual offences and attacks....

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Sex Offenders (Amendment) Bill 2018: Discussion (28 Nov 2018)

Jim O'Callaghan: That is a fair point.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Sex Offenders (Amendment) Bill 2018: Discussion (28 Nov 2018)

Jim O'Callaghan: That is correct.

Written Answers — Department of Children and Youth Affairs: Children in Care (28 Nov 2018)

Jim O'Callaghan: 249. To ask the Minister for Children and Youth Affairs the position regarding staffing levels in the special care units here in view of the recent comments from the High Court; the reason they are not operating at full capacity; and if she will make a statement on the matter. [49750/18]

Written Answers — Department of Children and Youth Affairs: Child and Family Agency (28 Nov 2018)

Jim O'Callaghan: 250. To ask the Minister for Children and Youth Affairs if she is satisfied that the Child and Family Agency has capacity to comply with its statutory obligation to apply for a special care order in circumstances in which a determination has been made that a young person requires special care in view of the fact that the special care units are operating at a reduced capacity; and if she will...

Written Answers — Department of Justice and Equality: Crime Data (27 Nov 2018)

Jim O'Callaghan: 303. To ask the Tánaiste and Minister for Justice and Equality the annual number of crimes in which a knife was used and-or was an element of the crime in each of the years 2011 to 2017 and to date in 2018, in tabular form; and if he will make a statement on the matter. [49098/18]

Written Answers — Department of Justice and Equality: Sentencing Policy (27 Nov 2018)

Jim O'Callaghan: 311. To ask the Tánaiste and Minister for Justice and Equality the status of the review of presumptive minimum sentences that was commissioned by his Department and was due to be published in July 2018; and if he will make a statement on the matter. [49341/18]

Written Answers — Department of Justice and Equality: Convictions Lists (27 Nov 2018)

Jim O'Callaghan: 313. To ask the Tánaiste and Minister for Justice and Equality the status of plans to expunge convictions of those convicted of same-sex sexual activity; and if he will make a statement on the matter. [49389/18]

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Gender Pay Gap Information Bill: Discussion (21 Nov 2018)

Jim O'Callaghan: I thank the witnesses for attending the meeting and for their submissions. It is unacceptable that in 2018 we have a gender pay gap of 14% so the members of the committee welcome the legislation that is being advanced. The representative of ICTU mentioned that there is a concern about the publication. Obviously, the legislation requires disclosure. What would his preference be for...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Gender Pay Gap Information Bill: Discussion (21 Nov 2018)

Jim O'Callaghan: It proposes to divide employees into quartiles or different types of groups. That is easy in the case of Deputies, for example, where we all do the same work or where there is a difference between a Deputy and a Senator. However, how will it arise in organisations where people do different tasks and it is difficult to categorise them in similar groups? Will that be a problem?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Gender Pay Gap Information Bill: Discussion (21 Nov 2018)

Jim O'Callaghan: Any legislation that is introduced should be for the public benefit but specific groups may also be beneficiaries. In this case, do the witnesses believe that employees within organisations will be the real beneficiaries? If people are outside, they will not have the full picture. Will the advantage of this legislation accrue to a woman working in an organisation? If she can see pay gaps...