Written answers

Tuesday, 20 May 2008

Department of Justice, Equality and Law Reform

Sexual Offences

9:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 537: To ask the Minister for Justice, Equality and Law Reform when he will establish a sex offenders register; if it will include individuals who have been convicted of heinous sex crimes in foreign jurisdictions; the measures in place to monitor individuals who are considered a potential danger to Irish citizens; and if he will make a statement on the matter. [19854/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Sex Offenders Act, 2001 was enacted on 30 June, 2001 and contains a comprehensive series of provisions aimed at protecting children and other vulnerable persons against sexual abuse and attack. The Act came into operation on 27 September, 2001. The Act sets out the obligations on persons convicted of a range of sexual offences, making them subject to notification requirements under Part 2 of the Act. The provisions of the Act also extend to any sex offenders who enter the State. An 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.

There are nominated Garda Inspectors in each Garda Division who have responsibility for the monitoring of persons subject to the requirements of the Act in their Division. As soon as the Domestic Violence and Assault Investigation Unit is advised by a relevant authority, such as the Irish Prison Service, the Courts Service or a foreign law enforcement agency, of the impending release or movement of sex offenders into their area this information is immediately passed to the nominated Inspectors, who are advised of information relevant to their Division. Should they arise, child protection issues are raised with the health authorities, as set out in the Children First guidelines.

A Memorandum of Understanding (MoU) to ensure that information on sex offenders who plan to travel between Ireland and the UK, including Northern Ireland, is shared by the relevant police forces was signed on 26 November, 2006. There is ongoing contact between my Department and the Northern Ireland Office in the context of ensuring that registered sex offenders in both jurisdictions do not exploit differences in the legislative provisions and so evade the law.

The provisions of the Sex Offenders Act are kept under constant review with a view to ensuring the Act is operating in an efficient and effective manner. I am preparing a Sexual Offences Bill in which it is proposed to amend certain provisions of the Act, including those concerning the notification requirements placed on convicted sex offenders. At present a convicted sex offender is allowed seven days to notify the Gardaí of his or her name and address. It is intended that this will be reduced to three days and so bring the law in this respect into line with that in Northern Ireland and the rest of the United Kingdom. Provision is also being made for annual notification, even where offenders have not changed their name or address.

In addition, provision is being made that when an offender notifies his or her name and address to An Garda Síochána, it is the name and address on the date of notification that must be provided and not, for example, the address at the date of conviction, which might be different. It is intended also that offenders will be obliged to register in person at the Garda divisional or district headquarters for the area in which they reside. Previously, offenders could notify Gardaí at any divisional or district headquarters. An additional requirement will also be placed on offenders convicted abroad whereby they will have to provide their address where they usually reside in their home country.

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