811. Deputy Gary Gannon asked the Minister for Justice, Home Affairs and Migration whether his Department has examined the establishment of a publicly accessible, State-operated register of persons convicted of serious sexual offences not covered under the Domestic Violence Register; the principal constitutional, data-protection and human-rights issues identified; and whether he will publish any policy analysis undertaken. [64226/26]

This Government's priority is to ensure the effective management, monitoring and risk assessment of convicted sex offenders, while balancing the need to protect the public with constitutional, data protection and human rights obligations.

There is a robust legislative framework in place to monitor and manage the risk posed by convicted sex offenders. Under Part 2 of the Sex Offenders Act 2001, certain convicted sex offenders are required to notify An Garda Síochána of their personal details and any changes to those details for specified periods, up to and including life in the most serious cases. The Garda National Protective Services Bureau, through its Sex Offender Management and Intelligence Unit (SOMIU), oversees the management and monitoring of these offenders nationwide.

The Sex Offenders (Amendment) Act 2023 strengthened monitoring arrangements by reducing notification periods from seven to three days and introducing additional requirements regarding travel, temporary addresses and annual notifications. It also provides for electronic monitoring, powers to verify identity through fingerprints and photographs, and enables courts to prohibit offenders from working with children or vulnerable persons.

The Act also placed the Sex Offenders Risk Assessment and Management (SORAM) process on a statutory footing. SORAM is a multi-agency framework involving An Garda Síochána, the Probation Service, local authorities and Tusla to support information sharing and the effective management of offenders in the community. Eligibility for SORAM was expanded to include a greater number of higher-risk offenders, who may remain subject to multi-agency oversight for as long as they are subject to notification requirements.

It is important that offenders in these very serious crimes are properly supervised after release and encouraged to engage with rehabilitative services in order to prevent reoffending behaviour. The main objective is to keep sex-offenders engaged with supports and interventions to better manage them and reduce the risk of reoffending.

There is also a need for caution in relation to disclosure measures. Wide disclosure of information such as the name and location of sex offenders may lead to offenders withdrawing from engagement with post-release services.

However, in limited circumstances disclosure is necessary to protect the safety of the public or a member of the public. The 2023 Act allows An Garda Síochána to disclose information relating to persons on the sex offender register in extenuating circumstances (for example, where there is a risk of harm to a member of the public). An Garda Síochána can disclose the offender’s name and photograph, their address, the nature of the sexual offence, the level of risk posed by the offender and any other information deemed necessary by An Garda Síochána. The disclosure can only be made to those persons to whom such disclosure is necessary to prevent harm.

Where An Garda Síochána believe a convicted offender poses a serious and imminent risk to the public, an application may be made to the courts for a Sex Offender Order under section 16 of the 2001 Act. Such an order can prohibit an offender from engaging in specified activities where necessary to protect the public from serious harm.

My Department keeps this legislation under review to ensure it continues to achieve its intended purpose.