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Dáil
‹ Leaders’ Questions.

Child protection and sex-offender vetting

Summary

Kenny calls for urgent resources, stronger regulation and information-sharing to protect children, including vetting volunteers and considering access to soft information; O’Keeffe challenges the adequacy of current vetting and orders. The Taoiseach says the issue is a priority, cites existing legal powers and planned UK cooperation, and says soft-information access is under examination in the constitutional discussions.

I have raised in the House with the Taoiseach on a number of occasions in the past one of the great scourges of humanity, and every parent's worst nightmare, namely, paedophilia, which is a transnational problem and an international phenomenon. This issue is on the front of one of today's major newspapers. Following the assault of two young girls in Dublin at the weekend, there is genuinely great fear, anxiety and concern among parents all over the country about the way we regulate these issues and the legislation that is in place.

The Oireachtas Joint Committee on Child Protection has been dealing with this issue. Deputy Jim O'Keeffe, on behalf of this side of the House, has been raising a particular point about Great Britain and Northern Ireland. It is absolutely essential that our enforcement measures are on a par with the best of those that apply elsewhere.

I was struck by the dedicated unit that has been set up in Great Britain — the Child Exploitation and Online Protection Centre — which brings specialists from a variety of backgrounds to work together to protect children. That centre launched a website this week which is dedicated to locating child sex offenders who have failed to comply with the notification requirements. The difficulty, which is exacerbated in this country, is that while the details on the UK's most wanted offenders are now posted on a dedicated website, www.ceop.gov.uk/wanted, one of them has been identified as living and working in Donegal for the past two years. It appears that if a convicted sex offender here wishes to work in one county, he or she can register in another. The concentration through this site in Great Britain is now having an effect — alleged, perceived or real — of sex offenders and paedophiles arriving in this jurisdiction. This is obviously of great concern.

Comment on this
Rory O'Hanlon An Ceann Comhairle Fianna Fáil

The Deputy's time has concluded.

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Does the Taoiseach agree that in this jurisdiction we must not be found wanting in what is the worst nightmare for parents, namely, to find their children tragically involved in something like this. Following the initiatives taken in the UK, we cannot afford to wait two or three years to follow suit. Can the Taoiseach guarantee that the Minister for Justice, Equality and Law Reform and the Minister of State with responsibility for children will see to it that providing resources and getting our agencies working together in our children's interests will be given absolute priority?

Comment on this

I agree with Deputy Kenny that it is a nightmare thought for parents that any of their children would be interfered with, harassed, assaulted or abused in any way. Obviously, it is an issue to which the authorities and the Government give the highest priority.

Deputy Kenny stated that a number of issues have been highlighted in a newspaper today. There is no evidence that sex offenders from other jurisdictions are abusing the system here. I have checked this matter with the justice and Garda authorities who have assured me that is not the case. We have had very close co-operation for many years and these issues have been highlighted previously. There is close co-operation between the Garda authorities. It is wrong to say that a system is not in place for tracking sex offenders who come here from Great Britain or Northern Ireland.

Any sex offender coming to this country from Great Britain or Northern Ireland is obliged by law to notify the Garda of his or her whereabouts, not to mind the co-operation that takes place between the police authorities. Failure to do so carries a penalty of imprisonment. That obligation extends to any sex offender entering this jurisdiction from abroad who has an obligation to register in his or her own country. If a person does not register in his or her own country, that is picked up also in the international system.

The Garda Síochána has a system in place to monitor offenders who are subject to these notification requirements and either they inform us or the other authorities inform us that they have gone missing. This means that nominated Garda inspectors in each Garda division are notified when a registered offender comes to live in their division. These officers are responsible for monitoring, and do monitor, such offenders.

When offenders go on the sex offenders register, the convictions are recorded on the Garda computer system — PULSE — even if those offenders had committed their crimes in another jurisdiction. This means that offenders' criminal records would show up in any vetting process, including if they sought work in any of the vulnerable areas such as schools or health services where they might have access to children. It is wrong to suggest that a sex offender convicted abroad who seeks a job working with children or vulnerable adults could beat the vetting system. If the offence is on the vetting system it will come up, as would any offence committed in another jurisdiction, just as it would come up if it occurred in the west or in the middle of my constituency. Furthermore, the Garda can apply——

Comment on this
Jim O'Keeffe Mr. J. O’Keeffe Fine Gael

Information is not automatically given to the vetting process. The Taoiseach does not know what he is talking about.

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Only if it is paid employment.

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——to the court for a sex offenders order against any registered offender if there is a belief that his or her behaviour in the community gives reasonable cause for concern or is a danger to the public.

In reply to Deputy Kenny's fair question, I want to stress that this provision of the Sex Offenders Act, which is now five years old, applies to offenders coming here from abroad and the evidence necessary for obtaining that order can be sought from the police force of the country in which the person has offended.

A number of issues also arise about closer co-operation and tying it into memorandums. I will return to this point when I get an opportunity.

Comment on this

I do not doubt the Taoiseach's concern in this matter. I assure him that whatever action the Government is required to take to make this area as regulated as it should be will have the support of this side of the House. Deputy Enright raised the issue on a number of occasions that volunteers and those working with young people in sporting facilities and other areas are not vetted. Yesterday I raised the issue that in the context of any constitutional referendum being held on the rights of children, soft information should be made available. I instanced the third anniversary of the Huntley case in Britain where evidence was clearly available about that person being interviewed in respect of serious sexual assault on a number of occasions prior to a double murder taking place. I know the committee dealing with child protection is looking at the law but what concerns me is that the administration of practice be implemented in the best way possible. For example, the different agencies that should be brought together, such as the ISPCC and Barnardos, under the chairmanship of the Minister of State with responsibility for children should see to it that the political drive and the political will exists to ensure this area is as regulated as it should be because of the genuine concern expressed by so many parents. The Taoiseach will be aware that a different system operates on the Continent than applies in Great Britain and Northern Ireland and, as a consequence, here. My principal concern is with the UK and Northern Ireland. I do not have evidence of the numbers of paedophiles or convicted sex offenders who are in this jurisdiction, suffice to say that the information or material that was available to a now-resigned former member of the Bench was apparently appalling.

Comment on this
Rory O'Hanlon An Ceann Comhairle Fianna Fáil

The Deputy's time has concluded.

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There may well be other elements of that in this jurisdiction in serious quantity. I do not know. As a parent I am concerned, and I express that concern on behalf of many others, that we should have the best level of regulation as possible in this area. For my part and that of my party, whatever active participation and regulation the Government requires we will assist. This is much too serious a matter on which to make mere political points. It is one of the great scourges of humanity and, as I said earlier, one of the true nightmares of every parent.

Comment on this

I accept what Deputy Kenny has said. I accept also that this is an area which cannot be over regulated, if it stops paedophilia or any kind of abuse. To reply specifically to some of the questions raised, the issue of soft information which has come to the fore a number of times is being examined. The Tánaiste has already said at the committee that that requires a constitutional amendment or a change. In the process of the constitutional discussions we are having on the related issues we would consider that important point.

There is close co-operation between the Garda and the authorities on this matter. Following the Huntley murder case and others, the British authorities stepped up co-operation because of concern in its jurisdiction and co-operation was also stepped up here. The Garda and the PSNI work closely on this because of the easy movement of people. Of course, there is easy movement of people between many places now. The movement of offenders is shared and exchanged on a daily basis between the police authorities.

A memorandum of understanding which will enhance the existing information sharing arrangements between Ireland and the UK, including Northern Ireland, relating to sex offenders, will be signed by the Tánaiste next Monday. In addition, under the intergovernmental agreement on North-South co-operation on criminal justice matters, an advisory group on registered sex offenders has already been established to enable continued and close co-operation and information sharing between the two parts of the island and with our neighbours in Britain. Clearly one can never say that nobody can get through the system but everything that has been recorded is available to our police. There is close co-operation and information is exchanged on a daily basis. There are nominated gardaí in each division who have a part to play. PULSE is updated on the position. The Garda has the power to monitor convicted sex offenders coming here from abroad and the power to seek a sex offenders order against them if they think they are a danger to the public. As I understand it, the Garda can move that order based on any——

Comment on this
Jim O'Keeffe Mr. J. O’Keeffe Fine Gael

How many orders have been obtained?

Comment on this

The Deputy should ask the Garda.

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Jim O'Keeffe Mr. J. O’Keeffe Fine Gael

One.

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Rory O'Hanlon An Ceann Comhairle Fianna Fáil

The Taoiseach without interruption, please.

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The Garda is very conscious of this issue. The case in Swords is another example of a case that received much publicity. Unfortunately, there are many cases that get no publicity. It is an issue on which we have to be vigilant and nobody wants to tolerate these issues.

The memorandum of understanding on the sharing of arrangements will be launched by the Tánaiste and the Home Office Minister and the signing will take place at Hillsborough next week. That memorandum of understanding relates to information about persons travelling between this jurisdiction and the UK and those who are subject to sex offender notification requirements in their own jurisdiction. Its purpose is the sharing of such information for, first, the protection of the public from the risk presented by sex offenders and, second, the investigation of serious sex offences and covers any information necessary to achieve those purposes. That will strengthen what is contained in the memorandum of understanding.

Comment on this
Jim O'Keeffe Mr. J. O’Keeffe Fine Gael

There are gaping loopholes that need to be closed both in the law and in the practice.

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