Dáil Éireann Debate, Tuesday - 18 April 2023
98. Deputy Denis Naughten asked the Minister for Justice the steps which he is taking to stop convicted sex offenders circumventing their monitoring through the use of a name change by deed poll; and if he will make a statement on the matter. [16889/23]
View answerI can assure the Deputy that there is a robust framework of legislation in place to monitor and manage the risk posed by convicted sex offenders to the community and that it is kept under ongoing review.
Under the Sex Offenders Act 2001, convicted sex offenders have to notify Gardaí of their personal details, including their name and address for a period of time after conviction, up to life, in the case of more serious offenders.
I understand the concern raised by the Deputy as to the risk of sex offenders concealing their identities by changing their name by deed poll. I have consulted with the Gardaí on this matter and have been assured that such a situation is covered by the Sex Offenders Act 2001. It would be an offence for an offender to change their name and not notify the Gardaí.
If the offender fails to comply with the requirements then they are in breach of the Act and subject to investigation by An Garda Síochána.
The Sex Offenders (Amendment) Act 2023, which recently passed all stages in the Oireachtas, will strengthen our already robust system for monitoring sex offenders. The Act reduces, from 7 to 3 days, the period for sex-offenders to inform Gardaí -
• of their name and address within 3 days of leaving prison;
• of any change to their name or address within 3 days;
• if they are going to be outside the State for more than 3 days;
• if they are returning to the State having been outside it for 3 days;
• if they are at an address in the State for 3 days and that address has not been notified to AGS;
• or every 12 months if they had not notified within the previous 12 months.
The Act also allows for the electronic tagging of offenders and for the Gardaí to disclose information about a sex offender’s previous convictions to a member or members of the public where the offender poses a risk of causing harm.
My Department is liaising with An Garda Síochána, the Probation Service and other relevant Departments and Agencies to prepare for commencement of the Act. It is my intention that the Act will be commenced later this year.
