Naughten tells Taoiseach registration loophole making us a “safe haven” for convicted sex offenders
The Dáil has heard from Denis Naughten TD that 151 months after the Justice Minister admitted the failure to modernise the law on the registration of sex offenders would lead to Ireland becoming “a safe haven for convicted sex offenders”, this gaping hole in our so-called sex offenders register has not been closed off.
Denis Naughten told the Taoiseach in the Dáil this afternoon (Wednesday): “The failure to close this loophole could have catastrophic implications for vulnerable children, particularly with up to 500 convicted sex offenders having gone missing in the UK.
“This is because any of these convicted rapists or paedophiles can visit Ireland from Britain or Northern Ireland unknown to the authorities and can roam around the country without registering with the Gardaí.
“This also applies to convicted sex offenders released from prison in the Republic, who move from one location to another within this country.”
Denis Naughten added: “In theory, the same notification procedure applied to Irish sex offenders applies for those convicted of serious sexual offences in other jurisdictions, but it is reliant on the offender being flagged at passport control on entering the country.
“There have already been a number of instances where dangerous sex offenders wanted by the police in either Northern Ireland or Britain were subsequently located in the Republic.
“While a similar notification period of seven days was in place in Northern Ireland and other parts of the UK, this was changed two decades ago and, as a result, the then Minister for Justice, Dermot Ahern said ‘A 3 day notification period in this jurisdiction would ensure a harmonisation of our laws in that respect and should ensure that none of our jurisdictions becomes a safe haven for convicted sex offenders’. However, the reality is, the current law governing the conditions for registration, the Sex Offenders Act 2001, is not fit for purpose and needs to be urgently reformed to ensure more effective management of sex offenders.
“Although Government is committed to reforming the law in this area, it is taking far too long to close off dangerous loopholes in the monitoring of high-risk sex offenders and leaves our system open for abuse.
“What is even more frustrating is that a law to reform the monitoring of high-risk sex offenders, 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 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.
ENDS.
For more information: Contact Denis Naughten 086 1708800
Editor’s Note:
Note 1 : UK figures
Approximately 30 sex offenders a year going missing in UK, so well in excess of 500 unaccounted for at present based on figures from 2018 and 2015:
20th March 2018: Police lose track of 485 registered sex offenders across Britain https://news.sky.com/story/police-lose-track-of-485-registered-sex-offenders-across-britain-11281632
10th March 2015: Hundreds (396) of sex offenders missing, police figures show
https://www.bbc.com/news/uk-31804999
Note 2 : Minister Dermot Ahern’s comments in April 2019
Wednesday, 22 April 2009
- Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the reason he is allowing convicted sex offenders up to three days to register with the garda on entering the country, following the proposed changes in the law; and if he will make a statement on the matter. [15629/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am at present preparing a Sexual Offences Bill for which I expect to seek Government approval later this year. Following a review of the Sex Offenders Act 2001, which has now been in operation for more than 7 years, I will be proposing extensive changes to that Act, including the operation of the notification procedures or sex offenders register, as it is more usually called.
At present in this jurisdiction a person convicted of a sex offence has 7 days to notify the Garda Sochna of his or her name and address. The same period of 7 days also currently applies to sex offenders on entering the State.
The notification period for sex offenders convicted in our neighbouring jurisdictions has been reduced from 14 to 3 days. Unlike Ireland, they have no automatic notification for sex offenders convicted elsewhere. Part of the strategy for reviewing the notification procedures is to ensure that our laws in that respect approximate as closely as possible with those in the neighbouring jurisdictions. A 3 day notification period in this jurisdiction would ensure a harmonisation of our laws in that respect and should ensure that none of our jurisdictions becomes a safe haven for convicted sex offenders. In the preparation of the 2001 Act, my Department received legal advice that the notification period for sex offenders convicted in Ireland could not be different for convicted sex offenders entering this jurisdiction from abroad.
Note 3 : Current status of legislation
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.