Joe McHugh (Donegal North East, Fine Gael)
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Question 750: To ask the Minister for Justice, Equality and Law Reform the measures in place for the protection of citizens from sex offenders who enter the State; and if he will make a statement on the matter. [34545/09]

Dermot Ahern (Louth, Fianna Fail)
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The Sex Offenders Act 2001 contains a comprehensive series of provisions aimed at protecting children and other persons and makes persons convicted of a range of sexual offences subject to notification requirements. These provisions extend to any offenders convicted abroad of the same range of sexual offences who enter the State.

An Garda Síochána has a system in place for the monitoring of all persons subject to these requirements. Its Domestic Violence and Sexual Assault Investigation Unit monitors and manages the notification provisions, and maintains all information relating to persons who have obligations under the Act. There is a nominated Garda inspector in each Garda Division who has responsibility for the monitoring in their Division of persons subject to the requirements of the Act.

In November, 2006 the Government and the British Government signed a Memorandum of Understanding (MoU) on the sharing between An Garda Síochána and British police forces, including the Police Service of Northern Ireland, of information on sex offenders. The MoU relates to information about persons travelling between this jurisdiction and the UK (including Northern Ireland) and who are subject to sex offender notification requirements in their own jurisdiction. Its purpose is the sharing of such information 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. Such information sharing had been taking place informally at police level for some time.

In September, 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. Under the Agreement, the information to be shared relates to persons who are subject to the notification requirements of the Sex Offenders Act and the equivalent UK legislation.

Information exchanged under the agreement is used for the prevention and detection of crime of a sexual nature and the prosecution of offenders. It has improved communication channels between An Garda Síochána and the PSNI and enhanced child protection on the island of Ireland. The agreement formalises the exchange of information which has always taken place and sets out procedures under which this will now take place. The information is exchanged in accordance with data protection legislation in force in both parts of Ireland.

An Garda Síochána is notified by the PSNI when it becomes aware that a convicted sex offender is travelling or has travelled from Northern Ireland to this jurisdiction. Likewise, An Garda Síochána notifies the PSNI when it becomes aware that a convicted sex offender is travelling or has travelled from this jurisdiction to Northern Ireland.