“On average once every 5 days at least one convicted sex offender comes to the attention of the Gardai because they are not living at the address that they have provided to authorities – in most instances the only condition that they had to comply with following their release from prison” says Denis Naughten TD.
“The reality is that they Gardai are not, under the present law, in any position to monitor sex offenders following their release from prison and it is only when they come to their attention for other reasons, that they are charged with a breach of their post release conditions”.
“These figures are, I firmly believe, just the very tip of the iceberg when it comes to the blatant breach of what are some of the most lax sex offender monitoring laws in Europe”.
“What is even more frustrating is that a law to reform the monitoring of high risk sex offenders post release from prison, including the possibility of tagging offenders, has been delayed again and again and it will be 2022 at the earliest before we have it”.
“This is a 13-year delay since the then Minister for Justice promised to close off the gaping loopholes in the current meaningless sex offenders register.
“The current so-called sex offenders register is nothing but a fig leaf. Any sexual predator who is determined to reoffend can easily do so undetected and still comply with the current law”.
“This was a priority in the previous programme for Government, and it is a priority in this programme for Government, but we now find out it will be at least the 13 anniversaries since the law was promised before we even see it”.
“In that period approximately 1300 sex offenders will have been released from prison, some of whom are putting children and women at further risk. How can this be acceptable?” asks Denis Naughten
“In 2012 due to the delay in progressing this important legislation I initiated the Child Sex Offenders (Information and Monitoring) Bill aimed at closing several loopholes being exploited by convicted sex offenders, which had been accepted by the Government”.
“The failure to close off dangerous loopholes in the monitoring of high-risk sex offenders leaves our system open for abuse and means that anyone who wants to avoid Garda attention can do so and this is not in the interests of children and women” concluded Denis Naughten.
Editor’s note:
Link to Child Sex Offenders (Information and Monitoring) Bill: https://data.oireachtas.ie/ie/oireachtas/bill/2012/73/eng/initiated/b7312d.pdf
Dáil replies from last month:
Thursday, 21 October 2021
Department of Justice and Equality
Sex Offenders Notification Requirements
Denis Naughten (Roscommon-Galway, Independent)
- To ask the Tánaiste and Minister for Justice and Equality if she is satisfied with the level of compliance by persons who are subject to the requirements of Part 2 of the Sex Offenders Act 2001; the number of breaches of these conditions recorded by An Garda Síochána in the past 12 months; and if she will make a statement on the matter. [48280/21]
Hildegarde Naughton (Galway West, Fine Gael)
As the Deputy is aware, An Garda Síochána has responsibility for monitoring persons convicted of sexual offences who are subject to Part 2 of the Sex Offenders Act 2001.
The Garda National Protective Services Bureau, which falls under the remit of Assistant Commissioner, Organised & Serious Crime has a dedicated unit, the Sex Offender Management and Intelligence Unit (SOMIU), which has National Governance on the management of registered sex offenders. SOMIU liaise on a daily basis with Nominated Divisional Inspectors and their teams throughout the Garda Regions with regard to the maintenance of records and the monitoring level of registered sex offenders in their area.
I am informed that, currently, there are one thousand, seven hundred and eight (1,708) people recorded at the Sex Offenders Management and Intelligence Unit who are subject to Part 2 of the Sex Offenders Act 2001.
The number of breaches of the Sex Offenders Act as recorded by An Garda Síochána in the past 12 months totals seventy six (76).
A person subject to a Part 2 order who fails to comply with the order, or who provides false or misleading information, can be prosecuted and is liable, on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 12 months, or both, or on conviction on indictment to a fine not exceeding €10,000, or imprisonment for a term not exceeding 5 years, or both.
Department of Justice and Equality
Legislative Measures
Denis Naughten (Roscommon-Galway, Independent)
- To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 4 of 10 September 2020, the progress to date in publishing the Sex Offenders (Amendment) Bill 2018; when it will be published; and if she will make a statement on the matter. [48279/21]
Hildegarde Naughton (Galway West, Fine Gael)
The Sex Offenders (Amendment) Bill has completed drafting and I intend to bring it to my Government colleagues for approval to publish in the coming weeks.
As the Deputy will be aware, the purpose of the Bill is to enhance current systems for the assessment and management of convicted sex offenders and to put those systems on a statutory footing.