Ivana Bacik (Independent)

I thank the Senators for enabling me to contribute as I am anxious to do so. I welcome the debate. We all are deeply concerned about the need to ensure there is co-operation across the Border in terms of monitoring of convicted sex offenders.

I should declare an interest, having acted for the State some years ago in a case in which the notification provisions of the Sex Offenders Act 2001 were under constitutional challenge. We successfully defended those against constitutional challenge. I am glad to say the court ruled that these were not penalties but that the notification requirements, on the evidence to the court, were an important part of the process of preventing sex offending, that subjecting sex offenders to notification requirements means they know they are kept under surveillance and under observation and it can have an important preventative effect in terms of preventing further offending by sex offenders, which is in all of our interests.

I very much welcome the Minister of State's speech in which he spoke of increased and enhanced co-operation between North and South in terms of monitoring sex offenders.

I seek clarification on a number of matters. First, he stated there is consideration being given to amending the Sex Offenders Act 2001 to reduce, in particular, the notification period, which is currently seven days, to what it has been changed to in the UK, namely, three days. Is that for every aspect of the notification requirements, including, for example, where an offender is to travel away from their home address for more than three days? Currently, when it is seven days the obligation to notify kicks in. My party would welcome the proposal but I seek clarity on what is meant by that.

Second, what additional information might offenders be required to give the Garda? Currently, it is fairly minimal - name and address. Is any other information envisaged there?

What changes to the sex offender order process are envisaged? I understand that in practice there is little application of the sex offender order provisions and I wonder what is intended to be done to that to improve it.

I have two final points. I am well aware that there have been improvements made to the provision of treatment places for convicted sex offenders. It was a real national scandal how few treatment places were available and how little take-up there was of treatment by convicted sex offenders in prison. Can the Minister of State confirm that anyone who applies for treatment is now able to obtain a treatment place within the prison system?

Finally, has there been any movement on the issue of disclosure? It is a difficult issue. In Britain, the Home Office guidelines provide for inter-agency co-operation on a need-to-know basis and information on the whereabouts of convicted sex offenders is not disclosed to the public except in exceptional cases, and indeed, any disclosure to third parties is exceptional. I understand the Irish position on disclosure is less clear. The Act is silent on it. Of course, there are obligations on sex offenders themselves to disclose the fact of convictions to employers. This raises the issues about vetting which others have mentioned. Has the Minister of State any update for us on that? I am sorry the time is so short.