Child Abduction: Statements.

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

Like every other Member of the Oireachtas, I am concerned at the number of reports which have been recently made to the Garda concerning approaches being made to children by strangers while they were out playing or going to and from school. It is a sad reflection on the society in which we live. While we must not fall prey to hysteria, we must take these reports very seriously and we must put the safety of children first.

I have been informed by the Garda authorities that informal protocols exist between them and police forces in other jurisdictions with regard to the notification on arrival of convicted child abusers. I am also informed by the Garda authorities that the gardaí are taking each of these reports seriously, and that each of the incidents is being thoroughly investigated. While I am aware of speculation in the media concerning the reports, it is not the practice of the Minister for Justice, Equality and Law Reform to comment in detail on any specific investigation except in the most exceptional of circumstances. All I propose to say in this case is I understand that the Garda investigations are at too early a stage for any concrete conclusions to be drawn as to the identity of the persons responsible. I am sure the House would agree with me that nothing should be said or done at this early stage which may have the effect of prejudicing the outcome of an ongoing Garda inquiry and neither would any of us want to compromise Garda operational initiatives. The gardaí must be given room to do their work.

Consequent on the need to raise public awareness to this problem, the Garda Press Office issued, on 11 December, a press release in relation to personal safety for children and young people. The press release reminded parents that with the long dark evenings and the approach of the school holidays, they should talk to their children about personal safety. In particular, parents should know the whereabouts of their children at all times, and try to avoid putting their children in a position where they have to wait alone outside school for collection. The gardaí also recommend that children should be reminded about their personal safety and be told specifically not to approach strangers in cars while travelling to or from school or while out playing; not to play alone or become isolated from other friends; to wear bright reflective clothing during the hours of darkness and, importantly, not to take sweets, lifts or talk to strangers without their parents consent.

I am aware that the Department of Education and Science has developed a range of programmes dealing with aspects of social and personal safety which form part of the ordinary curriculum in primary and post-primary schools. One such programme of which I am aware is the Stay Safe programme, which is taught in a number of primary schools.

I am sure the House will agree that every community should be vigilant and keep an eye on its children's safety. In terms of sharing community knowledge and in raising awareness, schemes such as Neighbourhood Watch and Community Alert can play an important role in this regard in relation to the sightings of persons acting suspiciously.

In the case of serious assaults of a sexual nature against children, the House will be aware that I published a discussion paper earlier this year on the law of sexual offences which includes a chapter on the sexual abuse of children. I am currently considering submissions on this document and I assure the House that this is an issue which the Government treats most seriously. My intention is to bring forward a set of comprehensive criminal law reform proposals in this area.

I have already indicated my intention to establish a register of sexual offenders to complement the existing recording arrangements in place by the gardaí. I have received a considerable number of submissions as to the nature of this register, for example, some would favour a register containing details of all sex offenders, others believe that the register should be confined to details of those convicted of paedophile type offences. I am carefully considering all the options in this respect before coming to a decision on the final shape of the register. The operation of the register raises very complex issues. Given that we have a written Constitution we may not have the same flexibility that other jurisdictions had in introducing a register.

We must realise, however, that this is a very difficult area for policing alone to address. We know that crimes committed by paedophiles are considered by society to be, perhaps, the most heinous of ail. Many consider this type of sex offender to be beyond redemption and research shows that recidivism rates for paedophiles are high. Paedophilia is a condition which predisposes individuals to have sexual desire towards children. There will, no doubt, be some paedophiles who have never committed a crime and who may be receiving some form of treatment for their condition but who have not come to the attention of the gardaí. The State's response to the serious problem of sex offending must be workable, legally and constitutionally sustainable while at the same time offering the best possible protection to children.

All convicted sex offenders who are in custody are encouraged and invited to apply to participate in the sex offender treatment programme in Arbour Hill Prison. Those who apply are considered by the treatment team but not all are found to be suitable. There are currently ten offenders undergoing this treatment and a further 26 are awaiting inclusion. While offenders who have completed their sentence cannot be compelled to accept supervision from the Probation and Welfare Service on release, there are almost 100 sex offenders now under mandatory supervision by the Probation and Welfare Service on foot of court orders. In the meantime I assure the House that any reports of attempted abductions are taken very seriously by the Garda Síochána.

Mrs. A. Doyle

I thank the Minister for attending the House. He has a busy schedule. I agree with him that to be constructive with regard to the problem of child abduction we need light and not heat in discussing the subject generally. It is difficult not to become emotive about this subject, but we do not necessarily do a service to the children of the country if we cannot debate it rationally. That is what we should try to do in this debate.

Headlines in recent newspaper reports saying that gardaí now believe that the 39 abduction attempts over the past ten weeks are related are startling. These have been mainly concentrated in the north County Kildare and west Dublin areas, with further reports from Portlaoise and Kilkenny. There is a serious message here.

I understand the gardaí have handed over their investigations to the detectives involved in Operation Trace, the detective unit involved in searching for women missing for some time in the southeast area, with inconclusive files still sitting on some desks.

I listened to what the Minister said in the Dáil in response to questions raised by Deputy Fitzgerald. I am concerned that we are too slow in our response to what must have been anticipated. With the establishment of a register of sexual offenders in Britain it should have been seen — I suggest it was seen — that, given that we share the same language and similar backgrounds, many of the paedophiles on that register would travel here where they would continue their heinous crimes. Given also that they could not move without their movements being tagged by the British police, they have travelled here in the belief that they will have greater freedom to continue preying on unsuspecting children.

When Britain established its register of sexual offenders we should have moved immediately and not waited until the British criminals and paedophiles travelled here where they are now, according to certain reports, trying to wreak havoc in certain parts.

I accept there are different parameters because of our written Constitution. However, given the Freedom of Information Act and the need to service public demands, any convicted paedophile who has not practised or responded to what would be termed a deviation in sexual orientation — I believe anything involving children is a deviation — do not concern us in this debate. We are concerned with active paedophiles who intend to abuse our children sexually and who have apparently attempted to abduct up to 39 children in ten weeks.

I understand they are all from Britain, although they have not been identified. There is a notorious criminal — whom I will not name because I do not wish to prejudice any court case that may arise in the future — who is allegedly living in the north County Kildare area and is signing on for unemployment assistance. He has been named in the media recently. The Garda Síochána have a bead on him but they cannot arrest him or question him until he commits a crime. We will have to wait until a child is sexually abused by a paedophile before the Garda can pick him up.

The Minister is doing too little too late. We need a register of paedophiles, perhaps one of all sex offenders. The Minister has yet to decide whether the register will cover all sex offenders or just paedophiles. Why have we waited until the problem arrived here before we made a move? Was the signal from the British authorities not sufficient? Was it not obvious that once they had established their register of sex offenders the problem would be transferred to this country and those criminals would jump ship and enter our jurisdiction where they can move with impunity and freedom until they commit an offence? At the moment some of the worst criminals who have committed the most horrific offences across the Irish Sea are roaming our country. How long will it take the Minister to establish the wherewithal to put this register in place? Can he instruct the Garda to put the structure and network in place, even pending possible legislation? Can he also confirm whether legislation is required to set up the register? The network and structures can be put in place now and I am sure he will get full co-operation from all sides of this House and Dáil Éireann in establishing and passing any legislation that he may need in this area. There would be no difficulty in recalling the Dáil in the first weeks of January if he would like to move on this issue as quickly as possible.

We have waited until the problem has become apparent and now it is all systems go. Why did we not move on this issue once the British established the necessity for a register, when it was obvious what the results of their register would be and the threat it would pose to Irish children? It is a very simple equation to be able to indicate that those offenders would leave the British jurisdiction because time caught up with them and they were identified on the register, and come here to abuse our children.

A special unit is being set up to investigate a suspected Irish paedophile ring. Can the Minister say whether the Garda have confirmed that a paedophile ring exists or are these individuals sole traders in terms of their criminal activities and their predatory activities against our children? How many British paedophiles are known to the Garda to be here evading the British register? How many of the abduction attempts that occurred over the past ten weeks are associated with Irish paedophiles? Can we also have details of the special unit being set up? Will it be different to "Operation Trace" or will it take on the onerous task of monitoring the recent attempted abductions?

The Minister has repeated what he said in the Dáil with regard to the stay safe codes our children are taught in school. At the moment children and young teenagers should not be allowed out on their own. This security measure places a huge burden on many parents but it should be carried until we know the extent of the problem and the Garda have the ability to apprehend suspected paedophiles who are preying on our children rather than having to wait until a crime has been committed. We have to underline this message and say it is not safe for any child to be out on his own. I would go further and say no one should walk alone in isolated areas. This is a particularly difficult situation for women who may, in some cases, find it harder to defend themselves and might be prey to sexual deviants other than paedophiles.

Established values and certainties that existed for generations have gone. We are now examining those certainties to see if they were the cause of the sexual abuse that appears to be so prevalent today. Much of the sexual abuse reported today is historic. It is only when people reach adulthood and have received counselling that they have the courage and strength to come forward and point the finger at their abusers. It is only when our courts have finally caught up with those abusers — and in most cases convicted them — that they have got their due. Unfortunately it is a case of too little and often too late because so many lives are destroyed by sexual abuse. Sexual abuse means a destroyed life. All the counselling in the world cannot put all the pieces together. Some people manage to cope but whether it is in childhood or in young adulthood that sexual abuse takes place a life is destroyed and a person's entitlement to happiness is stolen from them, particularly with regard to the joy of sexuality, mature sexuality and all that goes with consenting adults in relation to this area.

I am not sure why abuse seems so prevalent at the moment. Perhaps it is the historic number of cases that are before us. What set of values or code of conduct has resulted? Was there sexual repression here? Why are so many scandals reported in the media today? Is the rate of occurrence as bad today? In five, ten or 15 years time when we look back at these so called more liberal or enlightened times will we have the same number of abuse cases going through our courts? Is it an historic problem which we have finally lifted the lid on and had the courage to confront?

It is too early to say whether the changed values of today are good or bad. They are different values because the certainties are no longer in place but I am not sure what has replaced them. What we thought were values by which people could live and where our women, children and young boys were safe over the years, turned out not to be safe in all circumstances.

With regard to abuse in the Church, it pains me to say it appears that the celibate Catholic Church committed the greater number of abuses in the past. Teachers were also abusers. When we look at the abuse of power by people in authority with regard to children and young teenagers one wonders how we can teach values to young children. What is the correct message to give youngsters today? Sometimes parents despair with the removal of the certainties of the past, more liberal times and electronic communication and communication from all over the world giving conflicting messages in terms of morality and codes of ethics. What is the correct message? Was the past correct with the historic abuse that is being revealed now? Is greater freedom an honesty even if we have a different set of values today? Is that healthier? I do not have the answer I am simply posing these questions. This is a time of uncertainty and it is difficult for many parents and young people here to make the decisions and choices necessary by which to live their lives.

The Minister does not have an easy job, particularly in handling this issue. I am concerned about his tardiness in moving on the sex offenders register even though he has now assured us it will be put in place. He will have the full co-operation of this House in passing any legislation needed to get this register up and running. I would appreciate if he could respond in detail.

I thank the Minister for coming here today. I would appreciate if he would respond in detail on the special unit that has been put in place, the terms of reference of this special unit and whether we need to give any final messages, bearing in mind that we need light, not heat, on this subject, over the next weeks and months until we come to terms with the British paedophiles who have fled that jurisdiction to prey on our children. It is bad enough to have our own problems without being seen as a safe haven for paedophiles from other jurisdictions. We need answers from the Minister in this regard. Many people want assurances that everything possible is being done to deal with this problem.

Mr. Glynn

Cuirim fáilte roimh an Aire. I called for this debate. I did not do so lightly; I gave the matter some consideration before I raised it in this House. I do not recall a situation whereby in a matter of weeks there were 39 reported cases of attempted child abduction. Today I spoke to two garda superintendents, one in my own town of Mullingar where there was an attempted abduction of a young girl a week or ten days ago. Two men in a car were involved in the incident which took place in Grange, near the gaelscoil. As the crow flies, I could throw a stone to the location from where I live.

Today I contacted the superintendent of the Garda Síochána in Cavan town. I regret that the figure contained in a report pertaining to the number of attempted abductions has now risen by another one. There was an attempted abduction of two young sisters, aged seven and nine, by a man in Cavan town, in close proximity to Saint Clare's national school. This occurred at approximately 3 p.m. yesterday. Thank God, a little seven year old came to the defence of her sister and walloped the attacker with her school bag. The attacker lost his nerve and fled because of the loud cries of the child. This attack occurred in the middle of the day in an urban area. This is a very serious problem. This is the stuff of which nightmares are made, especially as it pertains to parents and concerned members of society.

I am very concerned that a number of known paedophiles from Britain are living in this country. I refer to the individual mentioned by Senator Doyle. It is suspected that this individual has committed at least one murder. I do not want to be alarmist, but it worries me when I read reports of 39 or 40 cases of attempted child abduction in two months. I am speaking primarily as a parent of a fourteen and a half year old daughter. I shudder to think what would happen if that child, or anyone else's child, failed to return from school from an errand or from playing with friends. I do not think we can over-state the situation with which we are confronted. I am aware of abductions which are referred to as "tug of love" incidents between two estranged partners. In these cases perhaps the husband attempts to take forcibly the children of a particular union, or vice versa.

Recent reports of attempted child abductions in various parts of the country have given rise to fears about the existence of a paedophile ring. There is as yet no concrete evidence of such a ring. However, the gardaí have been sufficiently alarmed to issue a warning to parents regarding the number of incidents that have taken place in the past couple of months. Up until recently, child abduction was not a great problem in this country. It is a particular problem in the United States and elsewhere. Nonetheless it is a matter of concern, with 99 cases involving 164 children, representing an increase of approximately 14 per cent on 1996, being abducted last year. That figure has now increased. We are fortunate in having relatively few missing children compared to the United States, where more than 360,000 children are reported missing every year. Most abductions are a result of "tug of love" incidents, involving holiday romances in Mediterranean and African countries where it can be extremely difficult to get local police and the relevant authorities to treat cases seriously.

The fact that the Government has introduced the Protection of Children (Hague Convention) Bill demonstrates its commitment to protect children in such situations, particularly in abduction incidents when they are taken to another country. The Bill currently before the Dáil provides for children to be returned to their country of residence, where matters of custody and access can be settled by local courts. This will better protect children under easily identifiable rules of private international law.

Everyone will be aware of the Dutroux case in Belgium. This brought into focus the horrors of the abduction of children for sexual gratification and exploitation. The Protection of Children (Hague Convention) Bill will give a degree of extra protection to children, but the primary responsibility in this regard lies with parents. The Garda, in issuing its statement of warning to parents, emphasised how vital it is for them to be vigilant and to ensure their children are educated not to associate with strangers, nor travel to or from school, or on errands, by themselves. This country was known as the island of saints and scholars in bygone days. It is terrible that we now could make the opposite comment. I agree with Senator Doyle that men, women and children are no longer safe on the streets, roads and lanes. Society must be protected. The Minister, who is very pro-active, must take the necessary steps to ensure that society is protected, especially children and women. My views on attacks on old people are already on record, so I will not repeat them.

The Minister has been assured by the Garda that the force is taking the reports of attempted child abduction very seriously. However, there is no evidence to suggest that a paedophile ring is in operation. The current situation underlines the importance of such programmes run by the Department of Education and Science, such as "Stay Safe", which is taught in primary schools. It is imperative that local communities watch their children and that neighbourhood schemes such as the Neighbourhood Watch and Community Alert scheme are utilised to alert the gardaí where persons are acting suspiciously.

It is interesting to note that in all the cases reported recently, not one car registration has been taken. I know it is very difficult for a child to have the presence of mind to do this when they are approached by a potential attacker and when the person loses their nerve and jumps into their car and goes, but the child nevertheless should be instructed both at home and in school to endeavour, in so far as possible, to take the registration, the make and colour of the car. The Minister has published a discussion paper on sexual offences which, among other things, addresses the issue of sexual offences against children. He is currently considering a wide range of submissions from which a comprehensive set of criminal law proposals will be formulated. I earnestly look forward to that.

This current situation is again focused on the need for a register of sex offenders. The Minister has stated categorically that it is official policy to introduce a register but only after due consideration and in a way which is the most workable and effective, and "effective" is the operative word here. The Minister in response to a Private Members' Bill introduced in the other House some time ago indicated that this was being examined as a matter of priority. A wide range of proposals are being made on this issue from interested parties, which has highlighted this highly complex and difficult area.

I believe the Minister will bring forward very soon the register which will serve the purpose for which it is being created — the protection of our children from the vile desire of paedophiles, whether they come from across the water or are home grown. There can be no hiding place for those people. I pledge with the Minister to take any steps necessary to ensure the protection of children. I am delighted that the Fine Gael Party will support the Minister in a very positive way and I look forward to his proposals and response to my comments.

In conclusion may I say as a parent I am deeply disturbed about this situation. I know the gardaí are stretched to the limit and are trying to do their best, but there could be a Garda presence around secondary schools when children are returning home, especially at this time of year to ensure a safe journey home.

I want to thank the Minister for coming into the House and the Leader for providing time for this debate. It is one of the most important issues that has been raised for some time.

Ms Leonard

It is a very sad day for our society that we have to discuss a topic such as child abduction and the attempted child abductions in the last couple of weeks. Such a debate is extremely important so that scaremongering does not take place. We should at least make the public more aware of the facts. One never really thinks about an issue like this until it affects your own area. In my area yesterday local radio was taken over by the news of an attempted child abduction in County Cavan. In that case public awareness both of the parents and children is most important. I must compliment teachers who have introduced the Stay Safe programme in the primary schools as part of the curriculum. There is no doubt that the teaching of such a programme was beneficial to the two little girls involved in the attempted abduction because, despite their ordeal, they were both able to give a very indepth description of the person. They may not be very specific details but when you consider their ordeal, they must be highly commended for their bravery. Teachers now have the added strain of ensuring the safety of the children under their care until the parents collect them after school.

I agree with some of the sentiments expressed by Senator Doyle regarding sex offenders from the United Kingdom. In my view sex offenders are similar to drug pushers in the sense that if they are not welcomed in one area, they move to another area. Of course the natural move for a number of these sex offenders from the United Kingdom was to travel to Ireland. I give my full support to the Minister in drawing up a register of sex offenders because it is the only effective way to control these individuals in the long term. Over the coming weeks it is important that we continue our public awareness campaign, perhaps by using the media, to enlighten parents and children of these dangers until we get a programme in place.

I thank Senator Glynn for his contribution and I am glad to be able to share my views on this issue because anyone who is vulnerable, be it the elderly or children, has a profound effect on each of us. I do not envy the Minister his job but I hope our sentiments and the sentiments expressed in the other House will prove that action is needed as soon as possible. I hope that in the coming months we will be able to draw up a register of sex offenders. There are no words to describe these individuals. You could not call them people. Whatever it takes to apprehend or identify them, we must do everything in our power to protect our children and the future generation.

I know from experience that we have come a long way. At least we are now talking about issues like this. As a midwife — Senator Henry will know the hospital to which I am referring — on night duty I was instructed to guard the room where a child abduction was supposedly going to take place and prevent anybody entering. I do not know what I, a student midwife, could have done to prevent that happening but unfortunately, that was the amount of knowledge which any of us had. Thankfully in a number of hospitals video cameras are now installed. However, the case I mentioned happened only about five or six years ago. As I said, we have progressed in the sense that we now acknowledge there is a problem. Thankfully no abduction took place but who is to say it will not happen at some stage in the future, be it in maternity hospitals or outside schools.

I thank the Cathaoirleach for the opportunity to contribute to this debate and I wish the Minister luck in his endeavours.

Dr. Henry

I sympathise with Senator Leonard when she was given such instructions because, while it was only a few years ago, our thoughts were far more parochial. Fewer strangers came into hospitals and there was less risk of abduction of small children. When one sees the cases that occur in Britain, it is miraculous that there has only been one case in an Irish maternity hospital in the past few years.

It is terrible that we must pay such attention to the abduction of small children. However, it is important to remember that if a register of sex offenders is compiled it will not consist of strangers' names but of those of our neighbours. Unfortunately, children are nearly always attacked by people they know. The biggest problem in this country is incest. I do not look forward to such a register containing the names of incest offenders because they are the parents of the victims. It is an extremely sensitive issue so we must be careful. Will we just include the names of molesters who are strangers to the children? Will we include the neighbours and the parents? This is not an easy solution to a dreadful problem.

I am glad the Minister paid so much attention to this in the discussion document. There is a full chapter on the sexual abuse of children. Dreadful cases come before the courts each day. The lack of remorse in many of them is most depressing. It is important to remember that of the 100 sexual abusers in the Curragh, none is receiving treatment.