Dáil Éireann Debate, Wednesday - 17 January 2024
1055. Deputy Jim O'Callaghan asked the Minister for Justice to give an update on the operation of the Sex Offenders (Amendment) Act 2023 and what impact she believes it is having on deterring or controlling sex offenders; and if she will make a statement on the matter. [57114/23]
View answerOn 13 November last, I commenced the Sex Offenders (Amendment) Act 2023 which, as the Deputy will be aware, provides for stricter oversight and management of convicted sex offenders within the community.
This new legislation strengthens the notification requirements for sex offenders and provides for the court to prohibit a sex offender from working with children. It 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.
An Garda Síochána has responsibility for monitoring those convicted of sexual offences who are subject to Part 2 of the Sex Offenders Act 2001. The Garda National Protective Services Bureau have a dedicated unit, the Sex Offender Management and Intelligence Unit (SOMIU) who ensure national governance of the management of convicted sex offenders subject to the requirements of the Sex Offenders Act 2001, as amended. In doing so they liaise on a daily basis with Nominated Divisional Inspectors and their teams nationwide with regard to maintaining records and monitoring those sex offenders within the community.
The Sex Offenders (Amendment) Act 2023 also places the current Sex Offenders Risk Assessment and Management (SORAM) monitoring process for sex offenders on a statutory footing. SORAM is a multi-agency approach to the management of convicted sex offenders within the community who are subject to Part 2 of the 2001 Act, as amended. SORAM includes representatives of the Probation Service, An Garda Síochána, Local Authority Sex Offender Liaison Officer, and Tusla Child Protection Social Work team, and supports robust information sharing and effective risk management strategies reviewed regularly, relative to the risk posed by the offender.
In addition, the Sex Offender Act 2023 has broadened the eligibility criteria to allow more convicted sex offenders to be considered for inclusion in this process, based on their assessed level of risk of reoffending and the risk of harm they pose in the community. These changes will ensure that those who are considered as posing the most risk will be subject to robust co-ordinated multi-agency risk management with accountability and oversight. Furthermore the Act allows for the duration of inclusion in the SORAM process to be extended beyond the period of Probation supervision for as long as the offender is subject to notification requirements under the Sex Offenders Act 2001, which may be for life.
This new legislation gives An Garda Síochána and the Probation Service increased tools to ensure sex offenders are managed effectively, striking an appropriate balance between monitoring and restricting offenders while also supporting them in their rehabilitation.
The new laws will also help alleviate understandable concerns which communities can have about sex offenders and the protection of public safety and our citizens.
While I am confident that this legislation will make an important contribution to the management of sex offenders into the future, it is too early to make an informed assessment of its impact.
