Dáil Éireann Debate, Thursday - 17 October 2013
154. Deputy Terence Flanagan asked the Minister for Justice and Equality the timeline for his introduction of an updated child sex offenders Bill; if he will ensure this legislation provides that convicted sex offenders are not able to reside within a certain radius of schools; and if he will make a statement on the matter. [43916/13]
View answerIt would appear that the Deputy's question relates to updating of the Sex Offenders Act 2001.
The Sex Offenders Act 2001 introduced a range of measures to monitor convicted sex offenders, including notification arrangements ("Sex Offenders' Register"), sex offender orders and post-release supervision.
Measures to enhance the operation of the 2001 Act are included in the General Scheme of a wide-ranging Sexual Offences Bill, which I expect to bring to Government for approval within a matter of weeks. It is my intention to publish the General Scheme, in advance of drafting by the Office of Parliamentary Counsel, once my proposals have been considered by the Cabinet. It is not appropriate to comment in any detail on the contents of my legislative proposals until they have been considered by the Government.
I should emphasise that the priority has been and will continue to be minimising risk to the public. However, we have to be conscious of rights established under our Constitution and the European Convention on Human Rights. That includes the right of the public to protection from harm and the rights of persons who have completed their sentences and pose no future threat to society. These require that restrictive measures pursue a legitimate aim, are proportionate and balance the competing rights at issue.
Also, it should be noted that existing legislation makes provision for prohibitions on sex offenders in particular circumstances. Under section 16 of the 2001 Act, if the activities of a convicted sex offender give rise to concerns, the Gardaí can apply to the court for an order prohibiting him or her from doing one or more things specified in the order. That could include prohibiting a convicted sex offender from being at a particular location.
