Written answers

Wednesday, 12 November 2008

Department of Justice, Equality and Law Reform

Sex Offenders

10:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Question 215: To ask the Minister for Justice, Equality and Law Reform the progress made to date on expanding the mechanism by which sexual offenders are monitored after their release from prison. [40081/08]

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Question 216: To ask the Minister for Justice, Equality and Law Reform the details of his proposal to actively monitor persons who are the subject of sex offenders orders and where State agencies are concerned about the behaviour of a particular offender. [40082/08]

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Question 217: To ask the Minister for Justice, Equality and Law Reform his position on providing gardaí with the power to require individual sex offenders to provide specific information regarding their movements and activities. [40083/08]

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Question 221: To ask the Minister for Justice, Equality and Law Reform when he will ensure that all sexual offenders are assessed before their release from prison to identify the level of supervision and regulation needed. [40088/08]

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Question 222: To ask the Minister for Justice, Equality and Law Reform when he will introduce a sexual offences Bill which will consolidate and modernise all criminal law in the area of sexual offences. [40089/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 215 to 217, inclusive, and 221 and 222 together.

The arrangements for the monitoring and supervision of sex offenders is provided for in the Sex Offenders Act 2001.

A person found convicted of a sexual offence must, pursuant to Part 2 of the 2001 Act, notify the Garda Síochána of their name and address. Arrangements are in place under which a Garda Inspector in each Division is designated with responsibility for the monitoring of such sex offenders and these arrangements are coordinated at a national level by the Domestic Violence Sexual Assault Investigation Unit of the National Bureau of Criminal Investigation.

In addition the sentencing court in a specific case may impose a post-release supervision order pursuant to Part 5 of the of the 2001 Act. Part 5 sets out a system for the post-release supervision of sex offenders. The sentencing court is obliged to consider whether to impose a sentence involving post-release supervision of the offender. In making this determination, the court must consider a number of factors including the offender's need for rehabilitation, the need to protect the public from serious harm and the prevention of commission of further offences. The court may call evidence in respect of each of the factors to be considered. The post release supervision may be made subject to conditions that the offender attend specified "psychological counselling or other appropriate treatment". The responsibility for the supervision is assigned to the Probation Service.

I wish to advise the Deputy that a High Level Group in my Department, involving the Garda Síochána, the Irish Prison Service and the Probation Service, has been examining the current arrangements in place for the management of sex offenders and what changes might be needed to enhance public protection and safety. Their remit includes a review of the procedures and legislation relating to the assessment, monitoring and supervision of convicted sex offenders. I expect that Group to submit a report to me on the matter early in 2009.

I can further advise the Deputy that Work on the scheme of a Sexual Offences Bill is at an advanced stage of preparation in my Department. The Bill will provide greater protection to children and other vulnerable persons against sexual abuse and exploitation. As the Deputy is aware, the Joint Committee on the Constitutional Amendment has been examining the Twenty Eight Amendment to the Constitution Bill 2007 and expects to report to the Oireachtas shortly. This deals, inter alia, with important matters that arose from the Supreme Court decision in the C.C. case and it is likely that further legislation will be necessary to give effect to the Committee's recommendations. As soon as these two pieces of legislation are enacted, there will exist a modern set of criminal laws governing sexual offences. It is only at that point that the question of consolidation will arise.

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