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Sex Offenders Notification Requirements

Dáil Éireann Debate, Tuesday - 18 September 2012

Tuesday, 18 September 2012

Ceisteanna (1210)

Michael Healy-Rae

Ceist:

1210. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the measures he is taking to monitor sex offenders on their release from jail. [37918/12]

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Freagraí scríofa

The Sex Offenders Act 2001 introduced notification requirements, post-release supervision orders and civil orders restricting sex offenders in certain ways. As the Deputy may know the Garda Síochaná has a system in place for the monitoring of all persons subject to the notification requirements. The Domestic Violence and Sexual Assault Investigation Unit monitors and manages the notification provisions and maintains all information relating to persons who have obligations under the Act. As soon as this Unit is advised by a relevant authority of the impending release or movement of a sex offender this information is immediately passed to the nominated Garda Inspector with responsibility for the monitoring of persons subject to the notification requirements in their area.

My Department has been conducting a wide-ranging examination of the law on sexual offences and a review of the Sex Offenders Act 2001, including a public consultation process, formed an integral part of that examination. Arising from the review, I expect to seek Government approval for legislative proposals, including a number of amendments to the 2001 Act, in the coming months. Legislative proposals being considered include measures for the electronic tagging of convicted sex offenders in specific circumstances, measures to strengthen the current notification requirements (for the purposes of the sex offenders' register) and changes with regard to civil sex offender orders to make it easier to apply to court for such an order.

Regarding the introduction of measures similar to "Megan's Law" in the US, our primary objective must be to minimise the risk posed to the public. The High Level Group which produced and published a discussion document on sex offenders was of the view that, if the Gardaí have reason to believe a particular high risk offender poses a real and immediate danger, they should be free to tell individuals who need to know. Disclosure in such circumstances is perfectly reasonable. In exceptional circumstances, the provision of appropriate information to members of the public is already possible. Currently, this is done on an administrative basis but, subject to Government approval, I intend to put these arrangements on a statutory footing.

However, giving the general public unrestricted access to names and addresses on the sex offenders' register would be likely to be counter-productive. That kind of access would drive offenders underground and make it more difficult to monitor and supervise them. This was the universal view of those who responded to the discussion document and participated in the public forum on the management of sex offenders. General access to the register would also raise issues concerning the rights of persons who have completed their sentences and pose no future threat to society.

Question No. 1211 answered with Question No. 1209.
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