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Sex Offenders Notification Requirements

Dáil Éireann Debate, Tuesday - 15 July 2014

Tuesday, 15 July 2014

Ceisteanna (338)

Clare Daly

Ceist:

338. Deputy Clare Daly asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 334 of 8 July 2014, if he will respond to the question asked in relation to general protocols and procedures in such situations, not a specific case. [31172/14]

Amharc ar fhreagra

Freagraí scríofa

There are no specific protocols or procedures in place in the civil service in respect of the specific situation raised in the Deputy's question rather the protection of children is addressed through the broader legal, administrative and recruitment framework in place across all sectors.

The Sex Offenders Act 2001 introduced a wide range of measures aimed at reducing the risk to the public from convicted sex offenders. Those measures include the notification system, also known as the "sex offenders' register" and post-release supervision.

Part 4 of the 2001 Act requires a convicted sex offender to inform an employer or prospective employer of the fact of his or her conviction, where the employment in question involves work or a service (including State work or a service) which mainly consists of unsupervised access to, or contact with, children.  A person who fails to comply with this requirement is guilty of an offence.  The maximum penalty, on conviction on indictment, is imprisonment for 5 years and a fine.

Although the "sex offenders' register" is not generally accessible to the public in exceptional circumstances, the provision of appropriate information to members of the public is possible on an administrative basis.

Under Children First, ensuring that individuals are  suitable  to  work with children, through the selection,  recruitment  and  vetting of employees before they are appointed to a position is a key measure in child protection.

The Garda Central Vetting Unit (GCVU) provides employment vetting for organisations in Ireland, registered with the Unit for this purpose, which employ personnel to work in a full-time, part time, voluntary or student capacity with children and / or vulnerable adults.

Where recruitment is being carried out on behalf of a public body by the Public Appointments Service they are responsible for managing the vetting procedures.  Before appointment, candidates are required to confirm whether they have:

- been convicted in a court of law of any offence of a criminal nature and

- are currently under investigation or awaiting trial for any wrongdoing.

In addition, routine Garda vetting enquiries are pursued in parallel with the appointment procedures.

More generally there is a requirement, under the Civil Service Code of Standards and Behaviours, for any civil servant to notify his/her HR manager of any criminal conviction.

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