Vol. 499 No. 5
4 Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform the number of sex offenders released from prison in 1998; the number scheduled for release in 1999; and if he will make a statement on the matter. [3077/99]
One hundred and three sex offenders were released from prison in 1998 and a further 68 offenders are scheduled for release in 1999. It is the policy that periods of temporary release or early release are not granted to persons serving sentences for sex offences save in the most exceptional circumstances. Sex offenders may be released on full completion of their sentences – allowing for standard remission at 25 per cent – or by order of a court following a review or successful appeal.
The sex offender treatment programme in Arbour Hill Prison can cater for up to ten offenders at any one time and takes ten to 11 months to complete. The emphasis is on the offender accepting personal responsibility for the offence and on developing effective relapse prevention strategies. This programme is not confined to those in custody in Arbour Hill Prison. All convicted sex offenders, irrespective of the institution in which they are accommodated, are invited to apply to participate in the programme. Those who apply are considered by the treatment team but not all are found to be suitable.
While all sex offenders are encouraged to avail of treatment, they cannot be compelled to attend, nor do they receive extra concessions for attending. One to one counselling is also provided by my Department's clinical psychology service and the Probation and Welfare Service. In addition, a new non-therapeutic programme for offenders, The Thinking Skills Training Programme, was introduced in Arbour Hill and Cork prisons during 1998. A significant number of sex offenders have commenced this new programme.
I am keen to increase the number of group treatment places available for sex offenders and, to this end, my Department is examining the possibility of locating a further group treatment programme for ten sex offenders at the Curragh place of detention.
Sex offending is an issue of understandable public concern and one to which a comprehensive response is warranted. While I am determined to expand the prison treatment programme, action will be required on other points also, which is why I had a paper published by my Department last May on sexual offending. That paper covers a number of issues which will have to be addressed as part of the comprehensive response I am pursuing. I am referring here to matters such as the creation of a sex offenders register, to which I am committed, and other legal options. The various responses to the paper, which have been received from the public, have been under consideration in my Department and I hope very soon to begin bringing specific proposals to Government.
(Mayo): Of the number of sex offenders released from prison in 1998 how many underwent therapy programmes? How many of the 68 offenders scheduled for release in 1999 are currently undergoing sex therapy programmes?
These are statistical questions. Currently ten offenders are undergoing the sex offenders programme in Arbour Hill Prison in addition to some 43 who are undergoing one to one counselling provided by my Department's clinical psychology service and the Probation and Welfare Service. Some 48 offenders have successfully completed the treatment programme.
(Mayo): Will the Minister accept that to release 68 sex offenders back into society, the majority of whom are untreated, is a dereliction of duty and sheer criminal neglect? The Minister and I know this is the group that is most likely to offend. At least with treatment and therapy there is some hope they may mend their ways. Given that the Minister has promised this enhanced programme for some considerable period, why is treatment not made universally available to all prisoners? Why is it not compulsory? What advance procedures are in place for the release of sex offenders from the point of view of trying to normalise their return to society? Are victims notified in advance of the impending release of persons who have committed sex offences against them?
There is no provision whereby people are informed that an individual is being released. That is an issue that has to be addressed in the context of a new charter for victims of crime. It is a matter to which I am giving due consideration.
On the question of treatment for sex offenders, any person who is suitable and volunteers will receive treatment in an Irish prison before his release. The problem is not everybody is found to be suitable and not everybody volunteers. There are instances where people volunteer and are found not to be suitable. It has been argued that it should be made compulsory, but I am strongly advised that compulsory treatment of sex offenders is not an advisable option.
Will the Minister indicate when he proposes to set up the sex offenders register and if it will deal with all sex offenders rather than child sex offenders only?
Yes. I have indicated that it is my intention in the not too distant future to introduce a sex offenders register. This is not as easy a task as it might appear to some, including Deputy Neville, as would appear from comments attributed to him in various media reports. There are a number of issues which must be determined and most of them are quite complex. Not least of these is who should be on the register. Should it just be paedophiles or should it be all sex offenders? Who should have access to the register? Who should maintain the register? For how long should the register contain the name or names of individuals? My preference at this point is to introduce a register not just for paedophiles but also in respect of sex offenders who are guilty of serious sexual offences. It is my intention to bring forward that register as soon as possible.
The Deputy will be aware that I received the report on sexual offences last year and it contained a considerable amount of debate on this and other issues. It will ultimately lead to a comprehensive Bill dealing with the range of sexual offences because the time has come for us to modernise our laws to reflect the tragic reality in society today.
Is there an attempt to encourage sex offenders in prison to volunteer for treatment? Are they interviewed? Is the seriousness of their crime pointed out to them? In other words, is it left to them to volunteer or is a proactive attempt made to encourage them to get involved in programmes?
I repeat it is not possible to compel sex offenders in custody to undergo treatment and I am advised it is not desirable to do so. I am sure the Deputy will accept that the successful completion of any group treatment course depends critically on the full and willing participation of self-motivated individuals. Otherwise the elements of the programme concerned with challenging the offender to take responsibility for his offending behaviour simply will not succeed.
At present, offenders who have completed their sentences cannot be compelled to accept supervision from the Probation and Welfare Service or, indeed, to partake in any specific treatment programme. There are, however, 96 offenders under supervision by the Probation and Welfare Service on foot of court orders.
I stated that we have completed a document on sex offences. This discussion paper deals with a variety of issues and it is under consideration by the Department, but my strong advice is that I should not attempt to compulsorily require offenders in prison to undergo treatment. Suitability and self-motivated voluntary participation are essential ingredients to the success of the programme.
In view of the fact that the Minister has admitted that a considerable number of sex offenders are released from prison without the benefit of any form of therapy or treatment, does he consider it prudent in the context of such releases that consideration should be given to placing a restriction on the movement of such persons, with particular reference to ensuring that they do not live in close proximity to victims of their acts?
The Deputy will be aware that it is not my policy to give any sex offender early release from prison. In those circumstances the only entitlement of an offender would be to the ordinary remission. The question then is how we would ensure that the individual, despite having been released, would remain under the supervision of the Probation and Welfare Service. That poses a difficulty in that while I would have control to a certain extent of a prisoner, for example, released under the temporary or early release regime, I would not have control of other prisoners who are released . The question then arises whether there should be a system of imposition of a determinate sentence with the latter portion of it being suspended to enable the supervision of the individual to take place. There is, as Deputy Flanagan more than most will be aware, a legal problem in supervising an individual who has obtained full release.
(Mayo): Is there any indication from the Garda Síochána that there is a relationship between the release of untreated sex offenders and the massive increase in child abductions, about which there is much concern? If so, is that related to the fact that we do not have a sex offenders register? There is such a register in the UK and there is every possibility and those on the UK register may be fleeing that jurisdiction?
Irrespective of whether a person is on a register in the UK, that would not necessarily restrict that individual from leaving that jurisdiction for a temporary period. However, the issue of whether this jurisdiction should insist upon a person who is registered in Britain registering here is obviously something which will be carefully and favourably considered in the context of the introduction of a register here. I am informed that the movement of such people, when it comes to the attention of the police in Great Britain, is transmitted immediately to the Garda Síochána so that they too will be aware of the movements of the individual in question.
(Mayo): What can they do about it?
Will the sex offenders register Bill be published prior to Easter?
The question of whether legislation is required is another issue. I cannot be definitive as to whether it will be introduced before Easter, but I have given this matter considerable priority in my Department since the publication last year of the discussion paper on sexual offences.
I stress that the question asked the Minister for Justice, Equality and Law Reform the number of sex offenders released from prison in 1998; and the number scheduled for release in 1999. I said that 103 sex offenders were released in 1998 and that a further 68 offenders were scheduled for release in 1999. Nowhere in the question was I asked how many of these 68 or 103 offenders received treatment.
(Mayo): Was it not obvious?
I will communicate that information to the Deputy.
