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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.

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.

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