Written answers

Tuesday, 2 February 2010

Department of Justice, Equality and Law Reform

Sexual Offences

12:00 pm

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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Question 359: To ask the Minister for Justice, Equality and Law Reform if, in view of the Criminal Law Act 1997 section 7(2) and section 176 of the Criminal Justice Act 2006, he will confirm that the officials of the Catholic Church and their agents will be investigated and where the Director of Public Prosecutions deems it, prosecution will ensue; the proposals he has to track and supervise sex and child abuse offenders once released from prison; when a full sex offenders register will be implemented; if it is possible to extend the Health Service Executive's role along with that of the Garda and accomplish supervision of sex and child abuse offenders once released from prisons. [4542/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Garda Commissioner has assured me that pursuing the perpetrators of abuse, whenever it may have occurred, is an absolute priority for An Garda Síochána. A number of perpetrators who have come to the attention of An Garda Síochána have already been brought to justice, proceedings are pending against others and a number of investigations are ongoing. The Commissioner has appointed Assistant Commissioner John O'Mahoney to examine the findings of the Dublin Archdiocese Commission of Investigation relating to the handling of complaints and investigations by both Church and State authorities, to carry out such investigations and inquiries as he deems appropriate and to report to the Commissioner with his recommendations. The Commissioner will then consult with the Director of Public Prosecutions as to what issues arise in the context of criminal liability. The Commissioner has directed that the investigation be concluded at as early a date as possible.

The Sex Offenders Act 2001 contains a comprehensive series of provisions aimed at protecting children and other persons. The Act makes persons convicted of a range of sexual offences subject to notification requirements under its Part 2. The provisions of the Act also 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 persons subject to these requirements. The Domestic Violence and Sexual Assault Investigation Unit monitors and manages the notification provisions. The Unit 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 of persons subject to the requirements of the Act in their Division. As soon as the Domestic Violence and Sexual 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.

A High Level Group set up by my Department and involving An Garda Síochána, the Irish Prison Service, the Probation Service and the HSE is examining the arrangements in place for the management of sex offenders with a view to strengthening inter-agency co-operation and further enhancing public protection and safety. The group's remit includes a review of the procedures and legislation relating to the assessment, monitoring and supervision of convicted sex offenders. I am currently reviewing the criminal law on sexual offences, including the provisions of the Sex Offenders Act 2001. Should the need for changes to the law in this area be identified, I will bring proposals to Government seeking approval for the preparation of appropriate amendments to the legislation.

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