Alan Shatter (Dublin South, Fine Gael)
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Question 125: To ask the Minister for Justice, Equality and Law Reform the reason his Department did not furnish to the Department of Health and Children, the Health Service Executive or any other State agency information received by it on 27 July 2004 relating to Dr. A sexually harassing American girls as detailed in the final report of the review inquiry pertaining to child protection issues as published on 15 April 2008 nor having arranged for a summons to be served on Dr. A for a court session in Amsterdam on 13 September 2005 made an inquiry as to the outcome of the prosecution taken against Dr. A by the Dutch authorities; and the steps he is taking to ensure that information furnished to his Department relating to child protection issues is promptly communicated to the appropriate Departments and State agencies. [16178/08]

Dermot Ahern (Louth, Fianna Fail)
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A letter from the Dutch Ministry of Justice was received by the Central Authority for Mutual Legal Assistance based in my Department on 27 July, 2004. The substance of the letter related to whether or not a prosecution against Dr. A could be instituted here rather than in the Netherlands. The letter was furnished to the Gardaí, the Office of the Attorney General and the Office of the Director of Public Prosecutions. The Office of the Director of Public Prosecutions advised that the prosecution would more appropriately be dealt with by the Dutch authorities and the Dutch Ministry of Justice was advised accordingly on 22 October, 2004.

The letter did not contain any information about Dr. A's background and in particular did not contain any information concerning his occupation. Accordingly, the question of notifying the Department of Health and Children or other bodies based on the correspondence received could not have arisen.

A request for the service of a summons, under the 1959 European Convention on Mutual Assistance in Criminal Matters, was subsequently received from the Dutch authorities by the Central Authority for Mutual Legal Assistance. The summons was forwarded to the Garda authorities with a direction for the summons to be served on Dr. A personally in accordance with section 49 of the Criminal Justice Act 1994. The Dutch authorities were subsequently informed that the summons had been personally served on Dr. A.

The role of the Central Authority for Mutual Legal Assistance based in my Department is to transmit and receive requests for legal assistance for the purposes of criminal investigations or criminal proceedings. It does not have a role in relation to the monitoring for other purposes of the ultimate outcome of cases in which mutual assistance requests have been received. This would be neither practical nor within its remit.

The Sex Offenders Act, 2001 contains a comprehensive series of provisions aimed at protecting children and other vulnerable persons against sexual abuse and attack. It 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.

As soon as the Domestic Violence and Assault Investigation Unit of the Garda Síochána is advised by a relevant authority, which could include a foreign law enforcement agency, of the impending release or movement of a sex offender this information is passed to the relevant nominated Garda Inspector. Should they arise, child protection issues are raised with the health authorities.

A Senior Officials Group has been established to examine a range of issues related to child protection. This Group, on which my Department is represented, will review adherence to the Children First Guidelines, training about the Guidelines and processes and protocols for information exchange.