Written answers

Thursday, 18 April 2024

Department of Justice and Equality

Departmental Data

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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253. To ask the Tánaiste and Minister for Justice and Equality the number of criminals who have changed their name by deed poll over the past ten years; her plans to stop sex offenders and violent criminals changing their names by deed poll; and the number of non-Irish citizens who have changed their name by deed poll over each of the past ten years. [17186/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy may be aware, there is a robust framework of legislation in place to monitor and manage the risk posed by convicted sex offenders to the community and that it is kept under ongoing review.

Under the Sex Offenders Act 2001, convicted sex offenders have to notify Gardaí of their personal details, including their name and address for a period of time after conviction, up to life, in the case of more serious offenders.

On the concern raised as to the risk of sex offenders concealing their identities by changing their name by deed poll, An Garda Síochána have previously confirmed that such a situation is covered by the Sex Offenders Act 2001. It would be an offence for an offender to change their name and not notify the Gardaí. A change of name has no impact on any requirements or reporting obligations that may be in place under the Act.

If the offender fails to comply with the requirements then they are in breach of the Act and subject to investigation by An Garda Síochána.

The Sex Offenders (Amendment) Act 2023, which I commenced last year, strengthened our already robust system for monitoring sex offenders.

The Act reduced the notification period from seven to three days. A sex offender now has to notify An Garda Síochána –

  • of their name and address within three days of leaving prison;
  • of any change to their name or address within three days;
  • if they are going to be outside the State for more than three days;
  • if they are returning to the State having been outside it for three days;
  • if they are at an address in the State for three days and that address has not been notified to AGS;
  • or every 12 months if they had not notified within the previous 12 months
Other provisions include providing powers to the Garda Síochána to take fingerprints, palm-prints and photographs to confirm the identity of the person.

In relation to a change of name more generally, all Deed Polls enrolled in the High Court are included on a register and the last ten years of enrolled deed polls are publicly accessible on Courts.ie at: www.courts.ie/deed-poll

The page also contains information on how the process works and what documentation is required. Once the documentation is provided, the deed poll is enrolled.

In relation to the number of applications for a change of name received from third country nationals living in Ireland, I have requested this information from immigration service delivery and will respond directly to the Deputy once those figures are available. However, the Deputy will wish to note that those third country nationals who do change their name are directed to the high court to register their name change and so would be included in the register of enrolled deed polls.

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