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

Denis Naughten: I move amendment No. 27: In page 20, between lines 29 and 30, to insert the following: “(c) in subsection (4), after the word “respondent” where it secondly occurs to insert the following: “or protecting the victim of previous crimes from harassment”,”. The main aspect of this group of amendments is to deal with the harassment of...

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

Denis Naughten: I thank the Minister. I will withdraw the amendment with leave to reintroduce.

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

Denis Naughten: Sections 19 and 20 restrict the sex offender from being employed in certain professions where the work involves children or vulnerable persons. Should that not include the security industry as well? Within the security industry, they are going to come in contact with vulnerable adults on an ongoing basis. Surely it should include the security industry as well. Maybe it is an area that...

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

Denis Naughten: I move amendment No. 28: In page 25, to delete lines 33 to 36. The Minister can correct me if I have got the interpretation of this wrong. It seems to me that the longer the custodial sentence, the shorter the maximum period of the monitoring post release. If that is the case, it is absolutely crazy. We are saying that the more heinous the crime and the higher the severity of the...

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

Denis Naughten: What happens if there is a maximum ten-year sentence and the person is sentenced to the higher end of that, say, eight years? First, in terms of the register, is there a limit to how long they are on the register after release from prison? Can there be a situation where the person is on the register following release from prison but not precluded from working with children, and it is only...

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

Denis Naughten: It is a good example of where the law is an ass, I am afraid. Anyway, I have flagged the issue.

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

Denis Naughten: I move amendment No. 29: In page 27, between lines 27 and 28, to insert the following: “(b) by the insertion of the following: “(aa) where such a sentence of imprisonment is imposed the person shall not be released on parole within the meaning of the Parole Act 2019 without successfully completing a sex offenders treatment programme, and”,”. I will withdraw...

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

Denis Naughten: I move amendment No. 30: In page 27, between lines 29 and 30, to insert the following: “(c) in paragraph (b), after “supervision” where it secondly occurs to insert the following: “including the requirement to avail of treatment or counselling or participate in a psychosexual evaluation”.”. I will withdraw the amendment with leave to reintroduce.

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

Denis Naughten: I move amendment No. 31: In page 28, line 27, to delete “serious”. I will withdraw the amendment with leave to reintroduce.

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

Denis Naughten: I move amendment No. 32: In page 28, line 27, after “concerned” to insert “or protecting the victim of previous crimes from harassment”. I will withdraw the amendment with leave to reintroduce.

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

Denis Naughten: I move amendment No. 33: In page 28, to delete lines 28 to 33. If someone is living in a place without the consent of the owner, then that person cannot be tagged unless they themselves agree to it. What we are saying here is that if a person squats in a premises or declares themselves homeless, then they cannot be tagged or the tag they have on has to be removed. There is an incentive...

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

Denis Naughten: Are we not talking about outdated technology that requires something to be physically installed in a person's home? I can be tracked anywhere through my mobile phone and there is nothing in my home that is included in that. Surely it is quite easy to put a tamper-proof bracelet onto someone's wrist or ankle, similar to that device, that does not require anything to be put in the home.

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

Denis Naughten: The reality is that technology has moved on. We can put a microchip on a tractor and trailer that has a very small long-life battery and that can be monitored remotely from a satellite. There are probably hundreds of such devices across the Minister's constituency in County Meath. The same would not be true of mine and Deputy Kenny's constituency, where there are only small tractors and...

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

Denis Naughten: That technology is there. I accept the 50 electronic tags the Irish Prison Service obtained a number of years ago may require this type of legislation but technology has moved on. I do not think there is a need for this provision in the context of the type of technology that is now available. If we can monitor tractors and trailers using equipment that does not require a base station,...

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

Denis Naughten: I will withdraw the amendment.

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

Denis Naughten: I have one question on this which is related to gender difference. Unfortunately, we had first-hand experience of gender difference in the context of incest and the implications of that in a very unfortunate and tragic case. Will the Minister assure us this does not give rise to any gender differential? I accept these are two specific pieces of legislation but I ask her to assure us this...

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

Denis Naughten: I take the point the Minister is making.

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

Denis Naughten: I ask her to clarify that it does not create an anomaly in relation to gender. If she could to that in advance of Report Stage, I would appreciate it.

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

Denis Naughten: I move amendment No. 35: In page 30, after line 28, to insert the following: “29.The Minister shall, within 90 days of the passing of this Act, make regulations under section 60 of the Act of 2018 making it an offence to erase information regarding convictions for sexual offences as set out in section 3 of the Principal Act.”.

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

Denis Naughten: I move amendment No. 36: In page 30, after line 28, to insert the following: “29.The Minister shall, within 6 months of the passing of this Act, lay before both Houses of the Oireachtas a report on how registered sex offenders are able to change their name or other aspects of their identity without the knowledge of the Garda Síochána with the intention of subverting the...

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