Written answers

Tuesday, 10 October 2023

Department of Justice and Equality

Sex Offenders Notification Requirements

Photo of Aindrias MoynihanAindrias Moynihan (Cork North West, Fianna Fail)
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365. To ask the Tánaiste and Minister for Justice and Equality what consideration has been given to automatically notifying and supporting victims of sexual assaults when perpetrators are due for release; and if she will make a statement on the matter. [43833/23]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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Let me assure the Deputy that I am very conscious of how harmful the consequences of crime can be for victims and I am committed to making sure they are better supported by the criminal justice system, including by ensuring they are fully informed of their rights. This is the objective of the actions set out in Supporting a Victims Journey, and through their implementation, important reforms to support and protect vulnerable victims and ensure our criminal justice system is more victim-centred have been, and continue to be, introduced.

Key actions already delivered, include:

  • Legislating for preliminary trial hearings, which help to reduce fear of re-victimisation or re-traumatisation for victims;
  • Increased funding for NGOs providing court accompaniment and related information and support services;
  • The nationwide rollout of Divisional Protective Services Units across all Garda Divisions and the establishment of a specialised sexual offences unit in the Office of the Director of Public Prosecutions;
  • Work to advance the training for all personnel who come into contact with vulnerable victims is underway, as is work on supporting vulnerable witnesses in court.
To further support victims, I am currently progressing legislative provisions which will;
  • Strengthen the law on consent,
  • Extend victim anonymity to further categories of victims,
  • Repeal provisions for sentences to be delivered in public, and
  • Make provision for legal representation for victims in certain cases.
Zero Tolerance, the Government’s Third National Strategy on Domestic, Sexual and Gender-based Violence (DSGBV), builds on the important reforms already introduced under Supporting a Victims Journey.

In addition, my Department continues to provide funding to NGOs that support victims through emotional support, court accompaniment, and accompaniment to Garda interviews, to sexual assault treatment units and referral to other services. This year, an increased budget of €5.8 million has been made available.

We are also running a campaign to raise awareness of the rights provided in the Victims of Crime Act 2017 and in the Victims Charter, and earlier this year we launched a new phase on TV and radio, with a particular emphasis on reaching minority and harder-to-reach communities.

In addition, my Department has established a Victim’s Forum for state, social and community groups to discuss how best we can work together to meet the needs of victims.

As the Deputy may already be aware, the Irish Prison Service provides a Victim Liaison Service and a Victim Liaison Officer will contact victims directly with a wide range of information where they have registered for this service.

It is important to emphasise that the Victim Liaison Service is a voluntary service. It is a matter for the victim or their families to choose if they want to receive information about a prisoner. They can register with the service at any stage during the prisoner’s sentence and can also change their mind and "opt-out" of the service at any time. Where the victim’s family make their views known, these are considered when any application is being reviewed. In cases where a victim or their family does not want to be notified, it would not be appropriate to do so, as this could lead to retraumatisation.

This Victim Liaison Service provides victims who have opted into the service with general information on the prison system. They will also provide victims with information regarding any form of temporary release; information regarding inter prison transfers, hospital appointments and court appearances; information regarding an escape from prison custody; and notification of upcoming Parole Board reviews. The Service of course also notifies registered victims when the time for an offender to be released from prison is approaching.

Where someone has registered for this service, the Victim Liaison Officer will contact them or their nominated contact person directly to inform them of any significant development in the management of the perpetrator’s sentence.

I also understand that where a sex offender is subject to the Sex Offenders Acts, An Garda Síochána, where possible, will provide notification to registered victims ahead of the persons release.

My officials and I are working on promoting the rights victims of crime have, including publicising their right to register with the Irish Prison Service Victim Liaison Office and to be kept informed of any significant sentence management decision taken.

My Department is engaging with the Courts Service, An Garda Síochána and the victim support service to explore further ways in which support can be offered to victims. This engagement has been extended to all other criminal justice agencies, in order to explore any mechanisms which will serve to maximise the awareness of victim support services, and to ensure victims receive active assistance where they have indicated that they want to be registered with relevant services.

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