Written answers

Thursday, 25 November 2010

Department of Justice, Equality and Law Reform

Sexual Offences

5:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 131: To ask the Minister for Justice and Law Reform if he will support a matter (details supplied) [44497/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Sex Offenders Act 2001 requires convicted sex offenders to notify An Garda Síochána of their name and home address within seven days of becoming subject to the notification requirement. Thereafter offenders must notify An Garda Síochána of any subsequent changes to their name or address, within seven days of the event. Offenders who leave the State for an intended continuous period of seven days or more must inform An Garda Síochána in advance of their leaving. It is an offence under the Act for a person convicted of an offence covered by the Act to fail to inform his/her employer of that conviction, where the work or service provided consists mainly of the person having unsupervised access to, or contact with, a child or children or a mentally impaired person or persons.

These requirements also apply to any offenders convicted in another jurisdiction 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. The 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 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 Divisions.

Once a person becomes subject to the legislation he or she is informed by a member of An Garda Síochána of his or her obligations under the Act. Should they arise, child protection issues are raised with the health authorities, as set out in the Children First Guidelines. In cases where An Garda Síochána is aware that a person from outside the jurisdiction who is subject to the notification requirements is entering the jurisdiction, they make every effort to ensure they are aware of their obligations under the legislation at the earliest possible opportunity. A member of An Garda Síochána, not below the rank of Chief Superintendent, may apply to the Circuit Court for a civil order against a convicted sex offender whose behaviour in the community gives An Garda Síochána reasonable cause for concern that such an order is necessary to protect the public from serious harm. The information supplied by the Deputy has been passed to the Garda authorities.

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