Results 9,761-9,780 of 16,310 for speaker:Helen McEntee

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...

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

Helen McEntee: I am happy to look at it. I will come back to the Deputy before we take Report Stage.

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

Helen McEntee: The position is that we cannot go beyond maximum sentencing for an outright prohibition when it comes to the offender's work. Therefore, if the maximum sentence is ten years and he or she serves five, the prohibition is five years. In a lot of the serious cases, it is life imprisonment, so it means it would apply for life. This refers to where it is not a life sentence. As I said, if it...

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

Helen McEntee: No, there is no timeline for being on the register but people have a constitutional right to work and to make a living, and outright restrictions impede on that constitutional right, so if there is a ten-year sentence, the outright ban constitutes a further penalty and we cannot go beyond the maximum sentence. If it is ten years and the person serves eight, we cannot apply it for another...

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

Helen McEntee: Part of this section is to get the permission of the property owner to install particular technical equipment that would be needed to monitor the person staying there. We cannot put equipment into somebody's house without his or her permission and that is what this allows for. If a convicted offender is staying in a property, be it rented or otherwise, we must seek the permission of the...

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

Helen McEntee: My understanding is that a base device is required. Perhaps technology will evolve, but if it is at the stage where something, albeit something small, needs to be installed, then the Bill allows for that. This does not really do anything other than ensure there is permission from the homeowner. If somebody is released from prison and he or she cannot comply with release commitments that...

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

Helen McEntee: I do not know if the Garda is working with satellites just yet. We are not quite there yet.

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

Helen McEntee: The only thing I would say is that this only refers to situations where something needs to be installed. It does not mean there is a requirement for permission for anything else. If nothing needs to be installed, then no permission is needed. The provision is there in case permission is needed. I accept that technology has moved on, but at the same time, if some element of technology is...