Written answers

Tuesday, 8 October 2013

Department of Justice and Equality

Sex Offenders Notification Requirements

Photo of Nicky McFaddenNicky McFadden (Longford-Westmeath, Fine Gael)
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444. To ask the Minister for Justice and Equality the information provided to the Garda upon conviction of a sexual offence; if sex offenders are supervised post release; the way sex offenders from other jurisdictions are monitored here; and if he will make a statement on the matter. [42029/13]

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)
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463. To ask the Minister for Justice and Equality the number of persons currently subject to the requirements of Part 2 of the Sex Offenders Act 2001; and if he will make a statement on the matter. [42281/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 444 and 463 together.

The Sex Offenders Act 2001 contains a comprehensive series of provisions aimed at protecting children and other persons. Part 2 of the Act makes persons convicted of a range of sexual offences subject to notification requirements. These provisions extend to persons who enter the State having been convicted abroad of the same range of sexual offences.

I am informed by the Garda authorities that, as of 3 October 2013, there were 1,303 persons subject to the requirements of Part 2 of the Act.

The Act makes relevant provisions in relation to the notification of An Garda Síochána about the conviction or release from custody of offenders. Under Section 14 of the Act, following conviction for a relevant offence, the Courts Service issues a certificate of conviction to An Garda Síochána. Section 9 provides that the Irish Prison Service will notify An Garda Síochána at least ten days prior to the release of a person who is subject to notification requirements under the Act.

A sex offender is required to notify his or her name and home address to the Garda Síochána within 7 days of becoming subject to the notification requirement. This notification period applies whether the person is resident in the State or was convicted of a relevant offence in another jurisdiction and subsequently enters the State. Furthermore, a person who is subject to the notification requirements of the Act who intends to leave the State for a continuous period of 7 days or more must notify the Gardaí of that intention and, if known, the address of the place outside the State where he or she intends to reside or stay. Return to the State must be notified within the same time frame.

Offenders who are subject to the notification requirements are monitored by the Sex Offender Management and Intelligence Unit (SOMIU) at the Garda National Bureau of Criminal Investigation. The Unit is supported by Garda Inspectors nominated in each Garda Division throughout the State. I am informed that the nominated Inspector in each Division has access to all necessary resources within his/her Division to assist him/her in carrying out his/her duties. Where An Garda Síochána becomes aware that an offender subject to the notification requirements has breached those requirements, appropriate action is taken, including circulation through PULSE of their information, as well as inquiries to identify their current whereabouts. I am confident that the appropriate level of monitoring is carried out by An Garda Síochána and all breaches of the requirements which come to notice are pursued.

In addition, at time of sentencing the Court may order post release supervision of a person in accordance with Section 26 and such supervision is carried out by the Probation Service. Such persons are assessed while in custody by the Probation Service using a validated risk assessment instrument. The risk and needs identified in the assessment inform the development of the case management plan, which is then monitored and supervised by the Probation Service in the community.

I am further advised that An Garda Síochána receives notifications regarding convicted sex offenders who travel to this country. When SOMIU receives such a notification, it is recorded on the Garda PULSE system and the relevant nominated Divisional Inspector is notified as a priority.

I am also informed that when the Garda authorities become aware that a convicted sex offender has left or is intending to leave the State, the Sex Offender Management and Intelligence Unit ensures that the relevant law enforcement agency in the country of destination is advised via Interpol. In addition, a Memorandum of Understanding between the Irish and British Governments on the sharing of information on sex offenders between An Garda Síochána and British police forces, including the PSNI, is in place since 2006 and an Agreement for Sharing of Personal Data in relation to the Investigation of Sexual Offences and the Monitoring of Sex Offenders between the PSNI and An Garda Síochána was signed in 2008. I am advised that there are excellent working relationships surrounding the monitoring of the travel arrangements of the persons in question.

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