Mattie McGrath (Tipperary, Independent)
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647. To ask the Tánaiste and Minister for Justice and Equality the number of times that electronic tagging of criminals has been used since the introduction of legislation enabling it in 2006; the reason for the delay in enacting this legislation; and if she will make a statement on the matter. [51246/22]

Helen McEntee (Meath East, Fine Gael)
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The Criminal Justice Act 2006 contains provisions for the introduction of Electronic Monitoring in this jurisdiction. 

Section 101 concerns Restriction of Movement Orders and subsection 10 provides the stipulation that a person may be subjected to electronic monitoring as part of the conditions of the order.  Under section 108, Temporary Release of Prisoners, the Minister for Justice is enabled to make an order for electronic monitoring in the context of a restriction of movement condition applying to the granting of temporary release. 

I can advise the Deputy that in total, 151 prisoners have been electronically monitored since the programme was introduced. 

In effect, the wearing of an electronic tagging device and adherence to the rules which apply to the wearing of such a device are incorporated into the conditions of the prisoner’s temporary release.

It important to note that while electronic monitoring can serve a useful purpose, it does not in and of itself, prevent the commission of crime. It is not a real time surveillance system but primarily a means of checking compliance with any conditions of temporary release.

There are a number of ways of engaging with, and monitoring, people whether they are on probation, bail or on temporary early release. Electronic tagging, if it is to be used, should be considered in conjunction with these targeted supervision measures.

I can further advise the Deputy that while electronic tagging is not currently being used due to cost considerations and limited use, it is important that it has been provided for in legislation so that it can be activated if deemed necessary.

As the Deputy will be aware, the Government recently approved the publication of the Sex Offenders (Amendment) Bill 2021, which is due for report stage in the Dáil tomorrow. 

As drafted, this Bill includes provision for a court to order an electronic monitoring device for a convicted sex offender who is subject to a post-release supervision order or where a sex offender order includes a condition restricting the offender's movement, post release.

The aim of this provision is to provide our courts with a range of appropriate tools and interventions to allow for monitoring of sex offenders in order to reduce any potential risk posed and to facilitate rehabilitation.

There is some evidence that electronic monitoring can be effective in respect of sex offenders when used for a short duration in tandem with other interventions, such as probation supervision and this is what I am proposing in the Bill.

As a technology, electronic monitoring has advanced over the years. I envisage therefore that a pilot scheme will be introduced to explore its costs and benefits once this new legislation is in place.  I will keep this matter under review.

The operational details of how this will work will have to be carefully developed and take account of the costs and value for money, in the context of the technology’s overall effectiveness, as well as the Council of Europe Guidelines.