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Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: That refers specifically to when people are abroad.

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: It must be in person, yes.

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: They do not have to present anywhere specific. They present to their local station. I assume it would be much easier for offenders to present to their local station than to have to travel. It does not change the fact that they live where they live. There is communication within An Garda Síochána and if there are any changes or concerns then that again comes under the remit of the...

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: The intention is that it would be next to them, but that is not always practicable.

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: Yes, it would be whereever is practicable for them.

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: That is the intention. The amendment is specific to-----

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: We will try to clarify it. They can engage first with the divisional headquarters but it is not that they must then report to-----

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: -----that divisional headquarters. It will most likely be next to them but I do not know if there is any way we can clarify that even further.

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: It is. We are responding to the division and-----

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: The inclusion of “any” is to capture situations where they are away from their local station. We will try to make that clearer. The intention is that they will report to their local station. I do not think it benefits an offender to have to travel 50 miles to another station. It does not benefit them because they do not evade anyone or anything. It does not change anything....

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: This has nothing to do with the age of consent. It simply has to do with whether someone is charged as a child or an adult. In Ireland, a child is defined as a person under 18 years of age. It is simply to make sure we have that clear definition. It is not in any way aligned to consent. I do not think consent or the age of consent should come into any of this where we are speaking about...

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: There are only one or two offences that require minimum sentencing and even these are challenged by the courts. In many instances, we have a maximum sentence or penalty. What we are referring to here is a maximum sentence of five years. I do not think this ties the hands of the Judiciary. This is a recommendation from the Attorney General who looked at other types of case law and criminal...

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: Between two or three days does not make a difference. It is not something I am majorly opposed to. We have engaged with all of the stakeholders, including An Garda Síochána, victims groups and the Irish Prison Service. It is three days in Northern Ireland and the UK. We felt that by aligning this it would be in sync with the legislation in the North and the UK, where there is a...

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: As I have said, it is not something I am steadfast on. It is simply that this is what we have been asked for. It is what the Garda has said works. It is what there is in the North and the UK. I will take it on board and come back to it on Report Stage.

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: The section specifically deals with somebody with a disability. Deleting the word "orally" and substituting the phrase "remotely by video" does not-----

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: I apologise.

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: By deleting "orally" and substituting "remotely by video" in this case, we would essentially be saying that people must do this remotely, which is not what I think the Deputy means. “Orally”, here covers not just contact by telephone, but also a Garda calling to a person’s house. That has happened in certain circumstances. It also covers remote contact by video, where...

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: I do, and I do not think the intention of the amendment is to-----

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: In that regard, arrangements can be made for someone to call to a house. “Orally” covers remotely by video as well. As I said, the amendment is not intended to remove that flexibility to call to a house and specify that contact can only be done by video. By making this change, however, that is what the amendment would actually set out. I reiterate that “orally”...

Select Committee on Justice and Equality: Sex Offenders (Amendment) Bill 2021: Committee Stage (26 Apr 2022)

Helen McEntee: We will look at the issue.

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