Alan Shatter (Dublin South, Fine Gael)
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Question 552: To ask the Minister for Justice, Equality and Law Reform the action taken to date to implement the recommendations contained in the report of the Joint Committee on Child Protection published in November 2006; and the action he proposes to take during the next 12 months. [32427/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The recommendations contained in the Report of the Joint Committee on Child Protection cover a number of issues which are the responsibility of several Departments and Agencies. The Office of the Minister for Children (OMC) has overall responsibility to ensure that the recommendations are addressed. A number of the recommendations contained in the Report fall within the remit of my Department, either completely or in part, and I have put in place a structure to ensure that those recommendations are addressed in a coordinated manner.

As the Deputy is aware, in 2006 the Government published a Criminal Law (Trafficking in Persons and Sexual Offences) Bill. The trafficking provisions contained in that Bill have been extracted and are now provided for in the Criminal Law (Human Trafficking) Bill currently before this House. I proceeded in this way in order to expedite the enactment of the trafficking provisions. The trafficking provisions are in conformity with the Committee's recommendations.

The provisions relating to the protection of children will be expanded to take account of the Committee's recommendations and other developments since the Bill was originally published. It is intended to include these in a new Sexual Offences Bill which is currently being prepared in my Department. Legislation arising from the recommendations for an amendment to the Constitution to permit the Oireachtas to enact laws providing for absolute or strict criminal liability in respect of offences against or in connection with children will be considered in the light of the outcome to any referendum. Other recommendations requiring possible legislative changes are being studied by my officials.

Work on the upgrade of the video link system in five courtrooms in the Four Courts complex has been completed. It is now policy to install video conferencing/video link facilities in all larger new or refurbished courthouses. Work is also progressing on the installation of video viewing equipment in nominated courtrooms.

The Courts Service is also working on a number of initiatives which will assist in the taking of evidence and the efficient running of court proceedings, including those involving children. Digital audio recording (DAR) will be implemented nationwide.

Childcare cases are taking an increased amount of time in District Courts throughout the country and in Dublin in particular. Their number and complexity is continuing to increase. In order to address this, the Courts Service has been working with my Department, the Office of the Minister for Children and the Department of Finance to provide a number of additional Judges to deal specifically with childcare cases. These judges would be able to devote the time to working with all the parties involved, including childcare professionals and families to achieve solutions in the best interests of the children involved.

Records relating to persons subject to the provisions of the Sex Offenders Act, 2001 are recorded on a database kept by the Garda National Bureau of Criminal Investigation. This system has previously been upgraded. The Garda authorities are currently carrying out work to integrate the system for recording persons subject to the requirements of the Act into the PULSE system. This work is scheduled for completion in 2008.

The Criminal Evidence Act, 1992 provides for the recording of a statement made by a person under 14 years of age (in respect of whom a sexual offence and/or an offence involving violence is alleged to have been committed) during an interview with a member of the Garda Síochána or any other person who is competent for the purpose. It provides that such a recording shall be admissible at a trial as evidence.

Work on setting up these facilities in conjunction with An Garda Síochána, the Health Service Executive and the Office of Public Works with a view to having the provision commenced is at an advanced stage. A number of Gardaí and HSE social workers have undergone training in the specialist interviewing skills necessary for interviewing such victims.

The Children Act 2001 came fully into operation on 1 March, 2007. The Courts are now in a position to consider disposal of cases by a range of community sanctions. Recommendations to the Court by Probation Service Officers, trained in assessing risk posed by young offenders, including those convicted of sexual offences, include age appropriate options. The introduction of the Harris risk assessment instrument to complement ongoing risk assessment and risk management has been pledged by the Probation Service.

The Service keeps the interest of victims to the fore in all its work with offenders. Assessment of risk of re-offending, ongoing risk assessment in the community together with preparation of Victim Impact Reports are all carried out by officers trained in ensuring sensitivity to the victim.

The Probation Service has recently restructured its service delivery to prisons and formed one region "Prisoners, Risk and Resettlement" [comprising 48 staff]. The staff of this region provide dedicated services to twelve prisons as well as a dedicated High Risk Offender Team. This team will be developing a "best practice" model for the Service's interventions with sex offenders.

In keeping with international best practice in this area, the programme is a structured, offence focused programme, employing a cognitive behavioural approach with a relapse prevention component. The Irish Prison Service and the Probation Service continually review their processes to determine what measures may be taken to increase the number of offenders participating on the programme. My Department and the relevant agencies are continuing our examination of how the treatment and supervision of sex offenders can be enhanced and in that context the recommendations of the Joint Committee on Child Protection are under consideration.

Protocols are in place within the Probation Service to ensure effective data and risk management to fulfil its statutory responsibilities under the Sex Offenders Act 2001. These include obligations on Probation teams to notify the HSE of sex offenders who are due to be released from custody.

I should also advise the Deputy, that the Probation Service are working with the Probation Board for Northern Ireland to develop an assessment instrument specifically applicable to sex offending. The introduction of an All Ireland Risk Assessment Psychometric Instrument will facilitate an enhanced quality of assessment and associated post release intervention. This instrument will also form the basis for community based risk management.

In addition, community based intervention programmes are currently operated by the Probation Service in conjunction with the Granada Institute under the Lighthouse project. These group based programmes operate in Dublin and target those who have been convicted of sexual offences against children.

The Commission for the Support of the Victims of Crime was established with a remit to devise an appropriate support framework for victims of crime into the future and to disburse funding for victim support measures. In the context of devising that framework, I have been informed by the Commission that they would welcome any further study of victim responses to the criminal justice system and of the means that might be available to alleviate any unnecessary hardship caused to victims by the operation of the criminal justice trial process, as recommended by the Committee.

In general. implementation of the Report's recommendations, relevant to my Department and associated agencies, is the subject of ongoing consideration by my officials.