Sex offender rules still not law two years later

RADICAL plans to toughen up sex offender controls have been languishing in the Bills Office since 2018, a series of parliamentary questions has revealed.

The proposals include a reduction in the number of days newly released offenders have to inform gardaí of their presence in an area from seven to three. This would also apply to changed addresses.

The plans include tougher provisions for fingerprinting and photographing offenders, the creation of sex offender management teams and the electronic monitoring of offenders subject to post-release supervision orders.

In addition, the release of a wider range of information on offenders would include names, addresses and category of threat.

Aontú leader Peadar Toíbín - who askde the questions - has demanded that new Justice Minister Helen McEntee must, as a matter of urgency, implement the Bill. The information emerged after Mr Tóibín asked the Justice Minister what responsibility the Garda Síochána has to people, communities, and neighbourhood watch schemes with regards to sharing information about convicted sex offenders who are living within their communities.

The TD also asked Ms McEntee how and what information should be shared to ease the concern, worry and frustration within communities.

Currently, where the Garda Síochána believes a convicted offender poses a serious risk to the public, it can apply to the courts for a Sex Offender Order under the 2001 Act.

Such an Order can prohibit the offender from doing anything the court stipulates to ensure the public is protected from serious harm.

However, ‘to strengthen these protections further and following a comprehensive review of current law and administrative practice, the department developed the General Scheme of the Sex Offenders (Amendment) Bill’.

The General Scheme was approved by government in June 2018.

Former justice minister Charlie Flanagan said: ‘The purpose of the Bill, which is currently with the Office of the Parliamentary Counsel for drafting, is to enhance current systems for assessment and management of convicted sex offenders and to put those systems on a statutory footing.’

The main provisions are expected to include:

Stricter notification requirements, including requiring offenders to notify gardaí of their address upon release from custody, or any subsequent change of address, within three days as opposed to the existing seven

Provision to allow for fingerprinting and photographing the offender, where necessary to confirm their identity

Enhanced supervision of highrisk offenders, including, in limited circumstances, the electronic monitoring of offenders subject to post-release supervision orders

The placing on a legislative footing of assessment teams to assess and manage the risk posed by offenders

Provisions whereby a court can prohibit a sex offender from working with children

Provision for a statutory basis for the necessary disclosure of information relating to high-risk offenders on the register

The information in relation to an offender that may be disclosed include the name, address and threat posed by the offender

It is intended that the disclosure would only be made to the minimum number of people necessary to avert a serious risk to safety.

Commenting on the proposals, Mr Toíbín said: ‘Given recent highprofile cases, it is important that the Government builds the confidence of victims via a tough line on abuse.’ This, he added, ‘is important legislation which should not be allowed languish on the usual shelf.’

‘Purpose of the Bill is to enhance current sytems‘’