Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 608: To ask the Minister for Justice, Equality and Law Reform his plans for an all-Ireland strategy which would protect the public, adults and children from sexual harm by providing funding for evidence based services for those who have perpetrated either convicted or unconvicted sexual abuse; and if he will make a statement on the matter. [30429/09]

Dermot Ahern (Louth, Fianna Fail)
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I can inform the Deputy that under the Intergovernmental Agreement on North South Co-operation on Criminal Justice Matters of 2005, a cross border justice committee, the Public Protection Advisory Group, has been established to promote public safety on an all island basis. The committee is jointly chaired by the Directors of the Probation Services of the two jurisdictions. One of the priority targets of this group for 2009 is the introduction of all island system for the assessment of sex offenders. Best practice indicates that different jurisdictions as well as different agencies within jurisdictions should use the same risk assessment instruments so as to support effective communication. This initiative is led within this jurisdiction by the Probation Service and An Garda Síochána. To ensure close collaboration, there is a cross jurisdictional representation on the appropriate lead committees.

Furthermore, in 2006, Ireland and the UK, including Northern Ireland, signed a Memorandum of Understanding to share information on persons travelling between this jurisdiction, Northern Ireland and the UK and who are subject to sex offender notification requirements in their own jurisdiction. This is for the purposes of the protection of the public from the risks presented by sex offenders and the investigation of serious sexual offences and covers any information necessary to achieve these purposes.

Subsequently, in 2008 An Garda Síochána and the PSNI signed an agreement on the sharing of personal data in relation to the investigation of sexual offences and the monitoring of sex offenders, which formalised the exchanges of information which had always taken place.

The Probation Service is working closely with An Garda Síochána and has completed initial training in a static risk assessment instrument, Risk Matrix 2000 (RM 2000). This will be coupled with a dynamic risk assessment, Stable and Acute 2007 (SA 2007). The combination of RM2000 and SA 2007 is the sex offender risk assessment system currently used by Probation and Police services in Northern Ireland, Scotland and in various parts of England and Wales.

The RM 2000 is a static risk assessment instrument designed to estimate the likelihood of sexual or non-sexual violent re-offending amongst convicted sex offenders over the following five, ten and fifteen year periods. The instrument has been extensively used across the United Kingdom since 2000 and was validated in 2008 by the Scottish Executive, based on a population of 1000 convicted sex offenders. The Probation Service and An Garda Síochána have in 2008/9 undertaken a programme of staff training in the RM 2000 instrument. The instrument is currently being applied to sex offenders under the supervision of the Probation Service and subject to the Garda notification requirements.

SA 2007 is a dynamic sex offender risk assessment instrument. This dynamic instrument is responsive to the current risks posed by individual sex offenders. Further, it identifies key risk factors relevant to the particular individual so that risk management strategies can be more individually targeted. It also provides a warning system for imminent relapse. Training for an appropriate number of Probation staff in the application of this instrument is scheduled later this year.

In addition to the evidence based sex offender risk assessment instruments, Probation Officers supervising offenders in the community are encouraged to use evidence based approaches to their interventions. In 2005 the Probation Service commissioned Dr Sean Hammond and Dr Ethel Quoyle, Psychology Department U.C.C. to produce a practice manual and related training for Probation Officers supervising sex offenders in the community.

I should also advise that the Lighthouse sex offender treatment programme funded by my Department through the Probation Service which is currently dealing with thirty sex offenders under Probation supervision uses the Good Lives Model (Tony Ward) as the key component in its therapeutic interventions with offenders.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 609: To ask the Minister for Justice, Equality and Law Reform when he will introduce specific legislation covering date rape as per the commitment in the Programme for Government 2007 to 2012; and if he will make a statement on the matter. [30430/09]

Dermot Ahern (Louth, Fianna Fail)
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In light of the commitments in the Programme for Government, 2007 - 2012, to introduce legislation in relation to various aspects of the criminal law, the question of introducing a specific legislative provision covering the issue of 'date rape' continues to be examined.

It should be pointed out that the administering of substances which have certain effects, by one person to another against their will or without their knowledge, is a matter which is already the subject of legislative provision. The Deputy's attention is drawn to the provisions of section 12 of the Non-Fatal Offences Against the Person Act 1997 which provides that it is an offence for a person, intentionally or recklessly, to administer or cause another to take, a substance which he or she knows is capable of interfering substantially with that other person's bodily functions, where he or she knows that the person does not consent to that action taking place. The section also provides that a substance capable of inducing unconsciousness or sleep is deemed capable of interfering substantially with bodily functions.