Denis Naughten (Roscommon-Galway, Independent)
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342. To ask the Tánaiste and Minister for Justice and Equality the specific provisions to be made in the forthcoming sex offenders (amendment) Bill to provide protection for victims post the release of the offender from prison; and if she will make a statement on the matter. [39522/20]

Helen McEntee (Meath East, Fine Gael)
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The Deputy will be aware that there are already provisions in existing law to support the management of sex offenders after they have been released from prison.

The Sex Offenders Act 2001 provides that a Court can impose conditions on a convicted sex offender as part of their post-release supervision. Further, where An Garda Síochána believe that a convicted offender poses a serious risk to the public, an application can be made to the courts for a Sex Offender Order under section 16 of the 2001 Act. Such an Order can prohibit the offender from doing anything the Court considers necessary, in order to ensure that the public is protected from serious harm.

In terms of the Sex Offenders (Amendment) Bill, which was developed by my Department following a comprehensive review of current law and administrative practice, the General Scheme was approved by Government in June 2018 and is available on my Department’s website. The Bill is currently with the Office of the Parliamentary Counsel for drafting. My officials and that Office are working proactively together with a view to publishing the Bill as soon as possible.

The purpose of the Bill is to enhance current systems for assessment and management of convicted sex offenders and to put those systems on a statutory footing.

While the drafting process is not yet complete, I expect the main provisions to include:

- Stricter notification requirements including requiring offenders to notify Gardaí of their address upon release from custody, or any subsequent change of address, within 3 days as opposed to the existing 7 days.

- Provision to allow for fingerprinting and photographing the offender, where necessary to confirm their identity.

- Enhanced supervision of high-risk offenders, including, in limited circumstances, the electronic monitoring of offenders subject to post-release supervision orders.

- The placing on a legislative footing of assessment teams to assess and manage the risk posed by sex offenders.

- Provisions whereby a court can prohibit a sex offender from working with children.

- Provision for a statutory basis for the necessary disclosure of information relating to a high-risk offender. This information may include the name, address and threat posed by the offender.

There is a need for caution in relation to disclosure measures. Wide or indiscriminate disclosure of information such as the name and location of sex offenders may lead to offenders withdrawing from engagement with post-release services and fleeing to unknown locations because of fears for their safety. This is in no-one’s interest – it is important that offenders in these very serious crimes are properly supervised after release and encouraged to engage with rehabilitative services in order to prevent reoffending behaviour. However, in limited circumstances this disclosure is necessary to protect the safety of the public or a member of the public. The Bill provides that the disclosure will be limited to the minimum number of people necessary to avert a serious risk.