Pat Rabbitte (Dublin South West, Labour)
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Question 508: To ask the Minister for Justice, Equality and Law Reform the progress made in regard to the commitment given in the Programme for Government to expand the mechanism by which sexual offenders are monitored after their release from prison including the expansion of resources to the probation service and the Garda vetting unit. [19336/08]

Pat Rabbitte (Dublin South West, Labour)
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Question 513: To ask the Minister for Justice, Equality and Law Reform the progress made in regard to the commitment given in the Programme for Government to ensure that all sexual offenders are assessed before their release from prison to identify the level of supervision and regulation needed. [19342/08]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 508 and 513 together.

There are a range of mechanisms in place for the assessment and monitoring of this group of offenders. The Sex Offenders Act 2001 which commenced on 27 September 2001, makes provision, under Part 5, for the Courts to impose a post release supervision Order which obliges the convicted person to undergo supervision by the Probation Service for a specified period and to comply with such conditions as are specified therein. Offenders who are subject to a post release supervision Order are managed on a one-to-one basis by a Probation Officer. If a sex offender fails to comply with obligations as outlined in the Act, the offender is guilty of an offence and subject to a fine and / or imprisonment.

It is a matter for the Court in its deliberations to decide whether or not to impose a post release supervision order. There is also a system in place whereby Child Care Managers in the Health Service Executive are informed, by the Senior Probation Officer, of the impending release of sex offenders from prisons irrespective of whether the offence is against a child or adult. The Child Care Manager is provided with the date of release, details of the offence committed and address of the offender following release.

Section 9 of the 2001 Act 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 release. In addition to offenders approaching release, offenders who are going to Court where there is a possibility of early release (i.e. a review of sentence or an appeal of length of sentence) must also be informed of their obligations before they attend Court. Furthermore, a convicted sex offender must notify his/her name(s), date of birth and current home address to An 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. The offender must also notify the gardaí of a 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 12-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.

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. It is an offence under Part 4 of the Act 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. An Garda Síochána has in place a system for the monitoring of persons subject to aforementioned requirements.

In September 2007, following a review and restructuring exercise, the Probation Service established a division to manage the rehabilitation of high risk offenders from prison to the community, on a national basis. This followed from the allocation of additional resources to the Probation Service, on foot of a Government Decision of 18 April 2007 which approved an additional 71 professional and administrative posts for the Service. The division consists of seven teams who deliver services to the main prisons for sentenced prisoners. This dedicated division provides pre-sanction Reports to the Central Criminal Court, co-manages the Sex Offender Programme in Arbour Hill Prison with the Psychology Service of the Irish Prison Service, and co-delivers the Probation funded community based treatment programmes in conjunction with the Granada Institute known as the Lighthouse project.

Furthermore, to enhance effective practice, the Probation Service is committed to the introduction of an all-Ireland sex offender risk assessment instrument which will enhance the assessment of sex offenders in prisons and in the community. In turn, such assessments will facilitate an ability to target resources at those offenders who are categorised as posing a greater risk of re-offending and a risk to public safety. In addition, linkages at a central level have been developed with the Irish Prison Service and the Garda. Joint training in sex offender assessment between the Probation Service and the Garda will commence in June of this year.

Linkages with the Probation Board of Northern Ireland and the Northern Ireland Sex Offender Strategic Management committee have been increasing. Contact has also been established with the Scottish Executive through Probation Officers attending training programmes at their invitation. In addition, as part of the Homeless Agency structures in Dublin, the Probation Service chairs a multi-agency committee on homeless sex offenders. The committee has representation from the four local authorities, HSE, justice and voluntary sectors. My Department, through the Probation Service, has committed €200,000 over two years to recruit a co-ordinator to increase the extent and effectiveness of cross-agency working in this area. I will keep developments under constant review.

Pat Rabbitte (Dublin South West, Labour)
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Question 509: To ask the Minister for Justice, Equality and Law Reform the progress made in regard to the commitment given in the Programme for Government to provide the Garda with the power to require individual sex offenders to provide specific information about their movements and activities. [19337/08]

Dermot Ahern (Louth, Fianna Fail)
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Work on the preparation of a Sexual Offences Bill is at an advanced stage of preparation in my Department. The legislation will include changes to the Sex Offenders Act 2001 with regard to the notification requirements for sex offenders. It is hoped to publish the General Scheme of the Bill before the summer.