Joe Costello (Dublin Central, Labour)
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Question 190: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the report in a national newspaper regarding a person (details supplied) in Dublin 7; if the details are substantially correct; if the Gardaí have been informed; if the person is on a register of sex offenders; if not, the steps he proposes to take to rectify the matter; and if he will make a statement on the matter. [11069/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Sex Offenders Act, 2001 sets out the obligations on persons convicted of a range of sexual offences. A convicted sex offender must notify his/her name(s), date of birth and current home address to the Garda Síochána within seven days of the conviction for the sexual offence concerned or, where the offender is sentenced to imprisonment, from the date of full release from prison.

Thereafter, the offender must notify the Gardaí of any change of name or address within seven days of that change. Notification of any address where the offender spends either as much as seven days or two or more periods amounting to seven days in any twelve month period must also be given to the Gardaí.

If the offender intends to leave the State for a period of seven days or more s/he must inform the Gardaí of this fact and the address at which s/he intends to stay and also notify the Gardaí of his/her return. If s/he did not intend to stay away for more than seven days but did, s/he must inform the Gardaí within a further seven days.

The provisions of the Act extend to any sex offenders entering this jurisdiction from abroad who have an obligation to register in their own countries.

The Domestic Violence and Sexual Assault Investigation Unit of An Garda Síochána monitor and manage the notification provisions. There are nominated Garda Inspectors in each Garda Division who have responsibility for the monitoring of persons subject to the requirements of the Sex Offenders Act, 2001 in their Divisions, including the person referred to by the Deputy.

The address provided by a person subject to the requirements of the Sex Offenders Act, 2001 is always checked by An Garda Síochána under the direction of the local Inspector with responsibility for the monitoring of sex offenders and if child protection issues are identified the local Health Service Executive is informed, as provided for in the Children First Guidelines.

The Sex Offenders Act, 2001 makes it mandatory for a convicted sex offender to inform their employer or future employer of their conviction if their job entails having unsupervised access to children. The Act also allows for a Chief Superintendent of An Garda Síochána to request the court to make a sex offender order, whereby a sex offender can be prohibited from behaving in a particular way, where such behaviour is perceived by the court as having a potential danger to the welfare of children. It should be noted that Garda clearance is now required for potential employees in a number of occupations which entail access to, or authority over, children.

I share the desire of local communities that the strongest possible protection is afforded to children. This desire is also shared by An Garda Síochána, who pursue all cases which come to their attention of persons who do not fulfil the obligations placed on them by the Act.

Furthermore, based on five years' experience in the operation of the Act, I am proposing a series of changes to the Act with the aim of strengthening the protection it offers to the community. These will include raising the penalty for failure to register from 12 months to five years' imprisonment, thus making it an arrestable offence, and giving probation officers power to prosecute offenders who fail to comply with the terms of a post release supervision order.