Matt Carthy (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

205. To ask the Tánaiste and Minister for Justice and Equality if he will consider introducing a provision whereby survivors of rape, sexual assault and childhood sexual abuse can apply for a civil protection order against their abuser where such a convicted offender is being released from prison and they are in fear for their safety; and if he will make a statement on the matter. [18034/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Keeping our communities safe is my foremost priority as Minister for Justice. I would like to assure you that there are a range of provisions in law and in practice in relation to the management of sex offenders after they’ve been released from prison.

The Sex Offenders (Amendment) Act 2023, which was commenced in 2023, strengthened our already robust system for monitoring sex offenders and provides for changes to the notification requirements for sex offenders, including a reduction of the notification period from seven to three days.

A person convicted of an offence set out in the schedule of the Sex Offenders Act 2001 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

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

In addition, Sex Offender Risk Assessment and Management (SORAM) operates to support enhanced levels of co-operation and co-ordination between key statutory organisations involved in managing the risk posed to the community by convicted sex offenders and safeguarding the welfare of children. The Garda National Protective Services Bureau has a dedicated unit, the Sex Offender Management and Intelligence Unit, which has oversight and monitoring responsibility at national level for the management of registered sex offenders who are subject to notification requirements.

While there are currently no plans to extend the range of persons who can apply for safety and protection orders, I would like to assure the Deputy that all civil and criminal legislation is kept under review and I will consider any changes necessary to ensure it remains effective, proportionate, and fully compliant with due process and the Constitution.