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Written Answers — Department of Justice and Equality: Departmental Data (20 Oct 2022)

Helen McEntee: I am advised by my officials in the Irish Prison Service that there are currently 122 prisoners in custody associated with known criminal gangs, of which 17 would be categorised as leaders. These figures excludes the subversive prisoners in Portlaoise Prison. I can further advise the Deputy that in respect of the 17 leaders there are currently 5 further court dates pending. In...

Written Answers — Department of Justice and Equality: An Garda Síochána (20 Oct 2022)

Helen McEntee: I propose to take Questions Nos. 308 and 309 together. I have asked An Garda Síochána for the information requested by the Deputy, and I will contact him again when this is to hand.

Written Answers — Department of Justice and Equality: Child Abuse (20 Oct 2022)

Helen McEntee: The statutory bodies with primary responsibility for child welfare and protection are Tusla and An Garda Síochána. Both have distinct functions, powers and methods of working. Tusla has a statutory duty under the Child Care Act 1991 to promote the welfare of children who are not receiving adequate care and protection. In doing so, it relies heavily on individuals reporting...

Written Answers — Department of Justice and Equality: Prison Service (20 Oct 2022)

Helen McEntee: The Irish Prison Service provides a wide range of rehabilitative programmes that offer purposeful activity to prisoners while serving their sentences and which encourage them to lead law abiding lives on release. All prisoners are eligible to use the services, including those who are first-time offenders. The Service does not collect data on the number of first time offenders who availed on...

Written Answers — Department of Justice and Equality: Departmental Data (20 Oct 2022)

Helen McEntee: As the Deputy will appreciate, the restricting of a person’s liberty is a serious issue, given the Constitutional presumption that a person is deemed innocent until proven guilty in a court of law. While the State’s bail laws do provide for the refusal of bail in certain circumstances, the presiding judge is entirely independent in the exercise of their judicial functions and...

Written Answers — Department of Justice and Equality: Child Protection (20 Oct 2022)

Helen McEntee: As the Deputy will be aware, the Garda Commissioner is responsible for all operational matters within An Garda Síochána, including vetting and engagement with other state bodies such as Tusla. I can inform the Deputy that the National Vetting Bureau (Children & Vulnerable Persons) Acts 2012 to 2016 set out in Schedule 1 Parts 1 & 2 what constitutes relevant work or...

Sex Offenders (Amendment) Bill 2021: Report and Final Stages (19 Oct 2022)

Helen McEntee: There is no legislative basis to change one's name by deed poll, so we cannot stop an offender from changing his or her name. As the Deputy alluded to, it is clear that if a person were to change his or her name after the enactment of this legislation, he or she would have three days to notify. There are strict monitoring requirements, so if a person were to change his or her name and not...

Sex Offenders (Amendment) Bill 2021: Report and Final Stages (19 Oct 2022)

Helen McEntee: We have engaged with the Garda on this. I have to engage with the Garda Commissioner and his team, who represent those who are working on the ground. I have engaged with gardaí locally in respect of certain elements of this legislation. It is never easy to monitor sex offenders. With this legislation, we are trying to improve the laws that we currently have and the way in which the...

Sex Offenders (Amendment) Bill 2021: Report and Final Stages (19 Oct 2022)

Helen McEntee: I thank all my colleagues for their support in passing this important Bill. The objective behind the Bill is to support, enhance and improve the management and monitoring of sex offenders in our country and communities. I am sorry to hear that the Deputy is not happy with the final Bill, but I think the measures we have brought in make this good legislation. It has come about following...

Sex Offenders (Amendment) Bill 2021: Report and Final Stages (19 Oct 2022)

Helen McEntee: The GDPR is determined and interpreted by the European Court of Justice and I think the court has been clear in saying that where there is a serious offence, including rape, sexual assault and abuse, there is absolutely no right to be forgotten. There is a right where it is a minor offence. We talk here about trying to work with people who want to change their lives and turn their lives...

Sex Offenders (Amendment) Bill 2021: Report and Final Stages (19 Oct 2022)

Helen McEntee: I suggest the Deputy and I meet following this to look at the cases he has referenced. I commit to raising them directly with Google-----

Sex Offenders (Amendment) Bill 2021: Report and Final Stages (19 Oct 2022)

Helen McEntee: -----and seeking a meeting with it. I am appalled at the idea somebody who has been convicted of possessing child abuse material would be in this category. As I said I was not aware of the cases the Deputy has mentioned but I am happy to meet him to go through it and to raise it directly with the company.

Sex Offenders (Amendment) Bill 2021: Report and Final Stages (19 Oct 2022)

Helen McEntee: I completely agree with the Deputy. Be it stalking, harassment or whatever we call it, it absolutely ruins peoples' lives and can have a devastating impact. There is a certain situation of which we are both aware where a horrendous crime has been committed and a person has served time and is now potentially continuing that level of harassment. I gave a commitment that this would be dealt...

Sex Offenders (Amendment) Bill 2021: Report and Final Stages (19 Oct 2022)

Helen McEntee: I move amendment No. 35: In page 25, line 28, to delete “for a specified term”. We have discussed this matter previously. The purpose of this amendment is to ensure that a prohibition on working with children or vulnerable people can be imposed on life-sentence prisoners. By deleting the text "for a specified term", any ambiguity is removed as to whether this can be...

Sex Offenders (Amendment) Bill 2021: Report and Final Stages (19 Oct 2022)

Helen McEntee: I move amendment No. 37: In page 30, after line 35, to insert the following: “Amendment of Garda Síochána (Functions and Operational Areas) Act 2022 30.(1) Section 7 of the Act of 2022 is repealed. (2) The Act of 2022 is amended by the substitution of the following section for section 25: “Transitional provisions relating to amendment of section 92 of...

Sex Offenders (Amendment) Bill 2021: Report and Final Stages (19 Oct 2022)

Helen McEntee: That is not my interpretation. If the risk is identified, whether the person decides to leave a house, disappear or move away, the risk is still there. There is still an opportunity for the Garda to make the person aware of what it was going to make him or her aware of in the first instance. It is meant to be set out in the legislation. If a risk is identified, that information will be...

Sex Offenders (Amendment) Bill 2021: Report and Final Stages (19 Oct 2022)

Helen McEntee: Yes, that is my understanding.

Sex Offenders (Amendment) Bill 2021: Report and Final Stages (19 Oct 2022)

Helen McEntee: I move amendment No. 12: In page 16, to delete lines 30 to 43, and in page 17, to delete lines 1 to 6.

Sex Offenders (Amendment) Bill 2021: Report and Final Stages (19 Oct 2022)

Helen McEntee: I move amendment No. 13: In page 17, line 9, to delete “14E.” and substitute “14D.”.

Sex Offenders (Amendment) Bill 2021: Report and Final Stages (19 Oct 2022)

Helen McEntee: I move amendment No. 14: In page 17, between lines 15 and 16, to insert the following: “(b) a photograph of the relevant offender;”.

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