Written answers

Thursday, 9 May 2024

Department of Justice and Equality

Sentencing Policy

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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240. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 535 of 30 April 2024, if she will review the legislation for sexual offences against children where a perpetrator lives very close to the child in question, regardless of whether the crime was a first offence, and where the child is likely to see the perpetrator; if she will work to increase the protections for children in these cases; and if she will make a statement on the matter. [21082/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The Government takes the issue of sexual abuse and exploitation of children very seriously and there is comprehensive legislation in place to deal with these offences, as was detailed in my previous response to the Deputy.

As previously explained, there is already provision for a judge to impose an order under part 2 of the 2017 Sexual Offences Act 2001 that can, among other things, restrict where a sex offender can go and with whom they can engage. Nothing in the Act prescribes or precludes what a judge can include by way of exclusion zones or areas, or indeed how such areas should be referred to geographically and as the Deputy is aware, under the Constitution and the law, the Courts are independent in the exercise of their functions.

As also previously explained, I recently commenced the Sex Offenders (Amendment) Act 2023 to provide for stricter oversight and management of convicted sex offenders within the community including by strengthening the notification requirements for sex offenders and providing for the court to prohibit a sex offender from working with children. The 2023 Act also provides additional powers to An Garda Síochána to take photographs, fingerprints and palm prints from a convicted sex offender and has given Gardaí the power to disclose information regarding a convicted sex offender to a third party in certain circumstances.

In terms of the work of An Garda Síochána to both combat child sexual abuse and support and protect victims, I am advised that there are Gardaí in every Division working on investigating child sexual abuse - both in person abuse and online abuse and An Garda Síochána engage with their counterparts in other jurisdictions to identify children who are at risk of, or subjected to, sexual abuse. In addition, some 72 Garda members have completed the specialist child interviewer training programme to date and a further 117 garda members are currently undertaking the training programme.

As I’m sure the Deputy is aware, responsibility for child protection and support of child victims in sexual offence cases falls under the remit of Tusla, and I would direct the Deputy to my colleague, Minister O’Gorman, for further information on other work being undertaken to protect children in such cases.

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