New legislation allows for electronic monitoring of offenders
Gardaí will be able to release information on sex offenders in certain circumstances
Planned new legislation to strengthen the management and monitoring of sex offenders in the community has been announced by the Minister for Justice, Helen McEntee TD.
The Sex Offenders (Amendment) Bill 2021 includes a number of amendments to the sex offenders register notification requirements, as well as providing for electronic tagging and for a prohibition on convicted sex offenders engaging in certain forms of employment.
While such bans on working with children or vulnerable people have been made by the Courts in the past, the Bill will now provide an explicit power for prohibition.
Announcing the Bill, Minister McEntee TD, said,
“I understand the concerns which communities can have about sex offenders and the protection of public safety and our citizens, and this legislation will help to alleviate those concerns.
“For example, it introduces stricter notification requirements – meaning offenders will have to inform the Gardaí of a change of address within three days instead of the current seven days.
“And the new law will also allow for electronic monitoring as well as fingerprinting and photographing of the offender, where necessary, to confirm their identity.
“Explicitly prohibiting convicted sex offenders from working with children or vulnerable people is also hugely important in protecting people and strengthening how we manage sex offenders.
“Tackling domestic, sexual and gender based violence and supporting victims of crime are priorities for me and my Department.
“I also want to reform the criminal justice system to make it more victim centred, and this Bill contains significant measures to help in that work.
The main features of the Bill are:
- to change the sex offenders register notification requirements for sex offenders, including a reduction of the notification period from seven to three days;
- to explicitly provide for the court to prohibit a sex offender from working with children and vulnerable adults;
- to provide powers to the Garda Síochána to take fingerprints, palm-prints and photographs to confirm the identity of the person;
- to create a legislative basis for the assessment and management of risk posed by sex offenders across teams involving probation officers, Gardaí and Tusla;
- to allow the Garda Síochána to disclose information relating to persons on the sex offender register, in extenuating circumstances (for example, where there is a serious threat to public safety);
- to allow the Garda Síochána to apply for the discharge and variation of a sex offender order;
- to allow for electronic monitoring of sex offenders to assist in ensuring an offender’s compliance with a sex offender order or post release supervision order.
The Bill fulfils commitments in Justice Plan 2021 and in the Programme for Government to update the Sex Offenders Act 2001 to ensure that convicted sex offenders are effectively managed and monitored, and the publication of the Bill is an action in the Second National Strategy for domestic, sexual and gender-based violence.
It also places the current Sex Offenders Risk and Assessment and Management (SORAM) monitoring process for high-risk offenders on a statutory footing.
Minister McEntee added,
“There is a robust system for monitoring sex offenders in place, but this legislation will significantly strengthen that system.
“It has been developed in close consultation with the Probation Service and An Garda Síochána to ensure that all of the provisions are well thought out and workable in practice.”
It is the Minister’s intention that this Bill will be enacted in the coming months.
