Written answers

Tuesday, 2 November 2010

Department of Justice, Equality and Law Reform

Proposed Legislation

9:00 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Question 316: To ask the Minister for Justice and Law Reform if the legislation is being prepared to facilitate this State to ratify the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance adopted on the 23 November 2007 to better facilitate the international enforcement of spousal maintenance and child support orders; the reason for the delay in preparing such legislation; and if he will make a statement on the matter. [39954/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance will not come into force until it is ratified by two states. It has yet to be ratified by any state. In a parallel development Council Regulation (EC) No. 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations will apply from 18 June 2011, as between Member States of the EU. Many of the provisions in the Regulation mirror those contained in the Convention.

Discussions are taking place in Brussels as to the feasibility of the Convention being ratified by the Community as a whole as opposed to by individual Member States of the EU. Until a final decision has been reached on this, it would not be possible to decide on the actual content of any legislation that may be needed to give effect to the Hague Convention in our relations with non-EU countries which may ratify the Convention.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Question 317: To ask the Minister for Justice and Law Reform the progress made to date in cross-Border discussions with regard to the management of sex offenders between Northern Ireland and this State; the legislation, if any, he proposes to introduce to facilitate the harmonisation of laws in practice in both Northern Ireland and this State in this area; the differences to date identified between the two jurisdictions; and if he will make a statement on the matter. [39955/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Arrangements for the management of registered sex offenders is a matter which I discuss regularly with the Northern Ireland Minister of Justice, including under the Intergovernmental Agreement on Co-operation on Criminal Justice Matters. We share a determination that the border should not be used in any way by such individuals to evade their obligations. To this end there is close co-operation between the two police forces and probation services.

The management of registered sex offenders is one of the discrete areas of co-operation under the Agreement. A Registered Offenders Project Advisory Group, co-chaired by senior members of An Garda Síochána and PSNI and including representatives of other relevant criminal justice agencies, takes directly responsibility for ensuring that the two jurisdictions work closely together on this issue. This work is overseen by the Working Group which co-ordinates overall policy in relation to North-South criminal justice co-operation and which reports directly to Ministers.

The Sex Offenders Act 2001 already 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. The provisions of the Act also extend to any offenders convicted abroad of the same range of sexual offences who enter the State, including from Northern Ireland.

My Department is working on proposals for the greater approximation of the laws North and South of the border in relation to the respective notification systems so that sex offenders can gain no advantage living either side of the border. Currently, the notification period for the purposes of the sex offenders register in this jurisdiction is 7 days. I propose to reduce this period to 3 days to bring it into line with requirements in Northern Ireland and the rest of the UK.

An Garda Síochána has a system in place for the monitoring of all persons subject to the current 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.

The Probation Service works closely with An Garda Síochána and has developed common risk assessment instruments related to the management of sex offenders which match those used by the probation and police services in Northern Ireland. 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.

An Garda Síochána and the PSNI maintain close contact and exchange intelligence on convicted sex offenders. A Memorandum of Understanding was signed by the Irish and British Governments in 2006 on the sharing between An Garda Síochána and British police forces, including the PSNI, of information on sex offenders. An Garda Síochána and the PSNI have subsequently signed an agreement on the sharing of personal data in relation to the investigation of sexual offences and the monitoring of sex offenders.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Question 318: To ask the Minister for Justice and Law Reform the steps being taken by the Garda Síochána to counteract the upsurge in the use of illegal mobile phone jammers; if they are being used by gangland criminals during bank raids to prevent persons from calling the Garda Síochána; his views that the current law is adequate to address this issue; and if he will make a statement on the matter. [39956/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed that a person may be prosecuted summarily or on indictment for the offence of using any apparatus for the purpose of interfering with any wireless telegraphy. The Commission for Communications Regulation (ComReg), which is under the aegis of the Minister for Communications, Energy and Natural Resources, has a range of powers to monitor and enforce the laws prohibiting the supply, possession and use of mobile phone blockers. These include powers to enter and search premises, seize any such blockers that are found, initiate prosecutions and prosecute summary offences. The governing legislation is a matter for my colleague the Minister for Communications, Energy and Natural Resources. I have also requested a report from the Garda authorities setting out the current position insofar as they are concerned and I will contact the Deputy again when the report is to hand.

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