Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Question 135: To ask the Minister for Justice, Equality and Law Reform the steps he has taken in response to calls for an EU-wide sex offenders database; and if he will make a statement on the matter. [22554/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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At its meeting on 12-13 June, 2007 the Council of the European Union reached an agreement on a general approach on a proposal for a Council Framework Decision on the organisation and content of the exchange of information extracted from criminal records between Member States. Discussions are ongoing with a view to formal adoption of the Framework Decision as soon as possible. This agreement follows the adoption in 2005 by the Council of a Decision on the exchange of information extracted from the criminal record, which supplements the relevant provisions of the Council of Europe 1959 European Convention on Mutual Assistance in Criminal Matters.

On 27 November, 2006 a Memorandum of Understanding on information sharing arrangements between Ireland and the UK relating to sex offenders was signed.

The MOU was negotiated between my Department and the Home Office, with input from the Northern Ireland Office. It relates to information about persons travelling between Ireland and the UK and who are subject to sex offender notification requirements in their own jurisdiction. This covers sex offenders travelling between any of the legal jurisdictions in these islands. The rationale for the Memorandum is that such information will be shared between police forces for the purposes of protecting the public from the risks presented by sex offenders — whether paedophile or otherwise — and investigating serious sexual offences. The transmission of any information necessary to achieve these purposes is covered.

As a result of the MOU, the exchange of such information between the Garda Síochána and British police forces, which of course has already been taking place for some time, is now being put on a formal footing. The information will now be shared as a matter of course.

This Memorandum of Understanding is another example of the close relationship between Ireland and the UK and in particular between the two parts of this island. It is also the most recent example of the benefits which accrue to both sides through co-operation and co-ordination in the areas of criminal justice and law enforcement.

As the MOU provides, its use and effectiveness will be kept under review, and I am confident that full use will be made of its potential by the police forces of all our jurisdictions.

A Registered Sex Offender Advisory Group has been established consisting of representatives of An Garda Síochána, the Police Service of Northern Ireland, the Department of Justice, Equality and Law Reform and the Northern Ireland Office. As part of its work, this Group evaluates the potential for sharing information, examining the registration criteria in both jurisdictions for sex offenders and identifying areas for further co-operation.

Persons who have been convicted of sex offences abroad who, at the time of the conviction or thereafter, become resident for the qualifying period in this jurisdiction are subject to the provisions of the Sex Offenders Act 2001, where there is comparability between the offence to which the foreign conviction applies and offences covered by the Act. It is not necessary for the offence or the conviction to occur after the coming into force of the Act.

The Domestic Violence and Sexual Assault Investigation Unit of An Garda Síochána monitor and manage the notification provisions as they apply to those subject to them.

The provisions of the Sex Offenders Act 2001 are kept under constant review by my Department with a view to ensuring the Act is operating in an efficient and effective manner.