Results 9,901-9,920 of 16,457 for speaker:Helen McEntee

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

Helen McEntee: Being on a video camera does not determine a person’s location. Being on a telephone call does not determine a person’s location. That comes from speaking to someone and confirming-----

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

Helen McEntee: -----that the person is who he or she claims to be. Seeing someone in person on camera does not necessarily offer the confirmation being sought either. I can look at the word suggested and see if it covers everything or if there might be room for loopholes. The intention is that there will be a conversation with someone. In the small number of cases, and there have been some, where...

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

Helen McEntee: Regarding amendment No. 12, I am open to the proposed seven days. The Garda has not asked for a longer period and that is because we have provided for a level of flexibility in this section. If it is not possible to carry out these tasks within three days, there is flexibility to further extend the period. I am happy to clarify the position on the seven days and ensure it is clear that it...

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

Helen McEntee: On amendment No. 13, the provision concerned simply refers to duplicate fingerprints. The original fingerprints are retained indefinitely as part of the provisions of the Criminal Justice Act. The Attorney General’s advice is that the reason fingerprints are being taken in this section is to confirm a person’s identity at that time. Once they are no longer needed, the Garda...

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

Helen McEntee: The original prints are held indefinitely.

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

Helen McEntee: Just to add, making this change would mean having to amend sections 10A(1)(b) and 10A(2) as well, so we will need to ensure that happens. If we increase the period from three days to seven days, these subsequent subsections will also need to be amended as a consequence.

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

Helen McEntee: I move amendment No. 15: In page 14, lines 19 and 20, to delete “pursuant to section 29(1)”. I thank the committee for considering this amendment. This responds to concerns raised that the present definition is too narrow and therefore deems some offenders ineligible. The deletion proposed will facilitate the inclusion of a slightly wider cohort of offenders, including...

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

Helen McEntee: As Deputy Naughten said, this amendment, as worded, would not allow SORAM engagement at a later stage and I know that is not what is intended. There is a working group in place, namely, the pre-release SORAMworking group, with members of the probation service, the Prison Service and An Garda Síochána. That is there to put in place operational procedures to help manage sex offenders...

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

Helen McEntee: This amendment relates to the composition of the risk assessment and management team and the range of experts and the representatives from relevant agencies who are members of the teams. As such, it is a technical amendment. The Government is proposing to delete the words "from time to time" as they are superfluous to the meaning given that the preceding words "consider appropriate" in the...

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

Helen McEntee: I move amendment No. 17. In page 15, line 7, to delete “from time to time".

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

Helen McEntee: On the first point by Deputy Naughten, we had extensive legal advice in regard to the words "shall" or "may" and the reason we have put forward "may" is that there has to be some level of discretion in certain situations where An Garda Síochána believes that certain information is not appropriate to share, be it with the local housing authority, the HSE or another relevant body....

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

Helen McEntee: I agree with Deputy Kenny but that should not be done through SORAM. SORAM is specifically for offenders. I agree, however, that we need to make it clearer that victims have a right to access that information but it would have to be done in other legislation. I am happy to come back to that and include it in the follow-up with the photographic engagement as well.

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

Helen McEntee: The amendment on the local district-----

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

Helen McEntee: What I am proposing is to separate the two. As it is currently worded, the Garda would have to give both the name and a photograph. The relevant Garda member may decide it is not necessary to give both, so we will separate it out such that there is a paragraph relating to disclosure of the name and another relating to a photograph.

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

Helen McEntee: The advice of the Attorney General is that we would have to disclose or give advance notice to the offender before this is done. We may be able to consider this further and clarify it. The wording is that a Garda "shall, in advance of making a disclosure" inform the relevant offender. It does not state that the member must do so. That provides flexibility. The Attorney General is clear...

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

Helen McEntee: Apologies. I read it as "may". We will get clarity on that issue. I agree with the Deputy. I do not think that in all instances-----

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

Helen McEntee: I will get clarity on this.

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

Helen McEntee: Sorry. I was saying "shall" as "may" in my head. I would like to get clarity on this point. I agree with the Deputy on it. We will come back to that issue. On the issue of publication, I am sure that what is in the Bill is the strongest language that covers everything. We can look at it again to clarify that the intention is that it would apply to every type of publication, including...

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

Helen McEntee: The intention behind the Bill is that An Garda Síochána have discretion to disclose information. We are in agreement that if something happens, it should be reported immediately, whether it is a child being approached or something more sinister or serious. If, however, a parent or other individual engages with An Garda Síochána, there is flexibility there. If An Garda...

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

Helen McEntee: I fully agree with the Deputy that somebody who is released from prison should not be allowed to continue to harass or to engage in behaviour that causes alarm, distress or upset that has serious implications for a person. Obviously, there is discretion for any judge to say that, on release, the person cannot engage with a person or go within X amount of miles of a person, but I am also...