Alan Shatter (Dublin South, Fine Gael)
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Question 491: To ask the Minister for Justice, Equality and Law Reform the number of convicted sex offenders currently in prison, on temporary release and the circumstances warranting such release, who have completed their sentence and are no longer imprisoned, whose addresses are presently known to An Garda Síochána pursuant to notification under the Sex Offenders Act 2001 and are not in prison, and are under supervision by the probation and welfare service. [23388/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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As at 12 October, 2007, there were 257 persons serving sentences for sex offences. No person in this category was on temporary release. The Sex Offenders Act, which commenced on 27 September 2001, sets out the obligations on persons convicted of a range of sexual offences against both children and adults. Section 9 places an obligation on Prison Governors to inform the Gardaí of the impending release of a sex offender, at least 10 days in advance, and to remind the offender of his or her obligations under the legislation prior to his release. In addition to offenders approaching release, offenders who are going to Court where there is a possibility of early release (ie. a review of sentence or an appeal of length of sentence) must also be informed of their obligations before they attend Court.

A certificate will be issued by the Courts to each offender convicted of a sexual offence, after the commencement of the Act, notifying him/her that they will be subject to the notification period. A further certificate will issue at the time of sentence where a custodial sentence is imposed. These certificates will also issue to the Gardaí and Prison Governors. However, it will be the responsibility of the Governor to identify those offenders convicted of a sexual offence prior to the commencement of the Act who are currently in their prison in respect of that offence (i.e. serving a sentence or awaiting sentence). Notifications to the Gardaí of the impending release of a sex offender are to be sent to the Domestic Violence Sexual Assault Investigation Unit (D.S.A.I.U) at Harcourt Square, Dublin 2. Details should include, name, date of birth, any known addresses including the address at which the offender intends to reside upon release (if known), offence, sentence, institution. An up to date photograph should also be provided.

As the Deputy is aware, 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 or who have been convicted abroad of an offence comparable to one covered by the Act.

Part 4 of the Sex Offenders Act 2001 provides that it is an offence for convicted sex offenders to apply for, or to accept, work or to offer services, a necessary and regular part of which consists mainly of unsupervised access to, or contact with, children or mentally impaired persons, without informing the employer or organisation of his/her conviction for a qualifying sexual offence. It is an offence to fail to comply with the notification requirements. The penalty is imprisonment for up to 12 months or a fine of €1,900 or both. The Garda Síochána has in place a system for the monitoring of persons subject to these requirements. The Domestic Violence and Sexual Assault Unit monitor and manage the notification provisions.

The information on persons who are subject to the requirements of the Sex Offenders Act, 2001 is maintained at a central location. Only specified nominated Garda personnel have access to this information. There are nominated Garda Inspectors in each Garda Division who are notified by the Domestic Violence and Sexual Assault Unit when a sex offender, who is subject to the requirements of the Act, is resident in their Division. These inspectors are responsible for the monitoring of such offenders.

The Garda authorities are currently preparing to integrate the system for recording persons subject to the requirements of the Act into the PULSE system. Up to 11 October, 2007 there are 1,069 persons subject to the requirements of the Sex Offenders Act 2001. There are currently 112 sex offenders under the supervision of the Probation Service.