James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank Senator Clonan for his contribution. However, I assure him that the requirements under the Sex Offenders Act apply equally to any person convicted of a sexual offence in a criminal court or by court martial. The 2001 Act requires that any person convicted of a relevant sexual offence must comply with the notification requirements. If a person is convicted of a relevant offence either in a civilian court or a military court martial, they must comply with the notification requirements. When a person is convicted of a sexual offence the Act requires the court, including a military court martial, to issue a certificate to the offender, An Garda Síochána and the person in charge of the place of imprisonment stating that the offender has been convicted of the offence and is subject to the requirements of the Sex Offenders Act. In addition, the person in charge of the place where the offender is imprisoned is required to notify An Garda Síochána prior to the offender’s release from prison that he or she is subject to the requirements of the Sex Offenders Act. As the notification requirements of the Act already apply to persons convicted of a relevant offence in a court martial, unfortunately I cannot accept the amendment.

In a court martial trial, the person would be tried using ordinary criminal law for offences such as rape under the 1981 Act or rape under section 4 of various Sexual Offences Acts. If found guilty of the offence, they will be subject to the requirements of the Sexual Offenders Act 2001. I would point to the definitions under that Act in section 2 where a court means any court exercising criminal jurisdiction and includes courts martial. I understand the Senator’s sentiment and his reason for putting forward the amendment. I say it is not necessary but that is not to say that there are not issues elsewhere.