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Question

414. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 173 of 19 September 2012, if nine of the 11 prosecutions and resulting sentences referred to did not result in the offender being placed on the Sex Offenders Register; if not, the reason therefor; and if he will make a statement on the matter. [45162/18]

Answer

Minister for Justice and Equality (Deputy Charles Flanagan): The Deputy's question relates to a response to a parliamentary question in 2012, which provided anonymised information on convictions and sentencing taking place as far back as 2009. My officials have written to An Garda Síochána to seek out the further information sought by the Deputy and I will write to the Deputy when further information is received.
In the interim, it is helpful to set out some general information regarding the obligation on those who are convicted of certain sexual offences to provide certain information to Gardaí. While the term 'Sex Offenders Register' is commonly used in Ireland, there is in fact no such register and the term is not included in any section of the Sex Offenders Act 2001.
The Sex Offenders Act 2001 contains a comprehensive series of provisions aimed at protecting children and other persons. Part 2 of the Act makes persons convicted of a range of sexual offences subject to notification requirements. These notification requirements apply automatically upon conviction and the duration is set by reference to the sentence imposed.
All offenders subject to the notification requirements are monitored by the Sex Offender Management and Intelligence Unit (SOMIU) at the Garda National Bureau of Criminal Investigation. The Unit is supported by Garda Inspectors nominated in each Garda Division throughout the State.
Of the nine prosecutions to which the question refers, seven resulted in a sentence of more than two years which would have placed the person under an indefinite notification requirement, and two resulted in either a fine or an entirely suspended sentence, which would have placed the person under a notification requirement for five years.
As indicated above, my officials have contacted the Garda authorities in order to confirm that in these individual instances the notification requirements were complied with and appropriately monitored. I will write to the Deputy to further update him when more information becomes available.