Dáil Éireann Debate, Tuesday - 16 December 2025
753. Deputy Paul Murphy asked the Minister for Justice, Home Affairs and Migration his plans to progress legislation to ensure that the victim of a crime of sexual violence can have a civil protection order granted against a person who has been convicted of that crime. [72413/25]
View answerSafeguarding our communities is a priority for me as Minister for Justice, Home Affairs and Migration. I can assure the Deputy that there are a range of provisions in law and in practice in relation to the management of sex offenders after they have been released from prison.
The Sex Offenders (Amendment) Act 2023 strengthened our already robust system for the monitoring of sex offenders and provides for changes to the notification requirements for sex offenders, including a reduction of the notification period from seven to three days. A person convicted of an offence set out in the schedule of the Sex Offenders Act 2001 now has to notify An Garda Síochána –
• of their name and address within three days of leaving prison;
• of any change to their name or address within three days;
• if they are going to be outside the State for more than three days;
• if they are returning to the State having been outside it for three days;
• if they are at an address in the State for three days and that address has not been notified to the Gardaí;
• or every 12 months if they had not notified within the previous 12 months.
Other provisions include providing powers to the Gardaí to take fingerprints, palm-prints and photographs to confirm the identity of the person. The 2023 Act strengthens the management and monitoring of sex offenders in the community. It provides for electronic tagging and that a Court can explicitly prohibit a convicted sex offender from working with children or vulnerable people.
Where An Garda Síochána believe that a convicted offender poses a serious and imminent risk to the public, an application can also be made to the courts for a Sex Offender Order, under section 16 of the 2001 Act. A Sex Offender Order can prohibit the offender from doing anything the Court considers necessary, in order to ensure that the public is protected from serious harm. The Act also provides that a Court can impose conditions on a convicted sex offender as part of their post-release supervision, where a judge has included this as part of sentencing.
In addition, Sex Offender Risk Assessment and Management (SORAM) operates to support enhanced levels of co-operation and co-ordination between key statutory organisations involved in managing the risk posed to the community by convicted sex offenders and safeguarding the welfare of children. The Garda National Protective Services Bureau has a dedicated unit, the Sex Offender Management and Intelligence Unit, which has oversight and monitoring responsibility at national level for the management of registered sex offenders who are subject to notification requirements.
Our legal system also provides protection orders in the context of domestic violence, which in many respects covers sexual offences. Under section 10 of the Domestic Violence Act, there is a provision for the granting of protection orders. Similar to a safety order, it restrains a person, meaning the respondent is ordered not to use violence, threats, or molestations, thereby ensuring protection for the victim.
In relation to Part 5 civil orders under the Criminal Justice (Miscellaneous Provisions) Act 2023, while they are not specifically designed to address sexual violence, their applicability depends on the facts of each individual case. In principle, a victim of a sexual offence could apply for a part 5 civil order if the offender’s conduct could reasonably be considered likely to:
• cause the applicant to fear that violence will be used against the applicant or person; or
• serious alarm or distress that has a substantial adverse impact on his or her usual day-to-day activities.
Any legislation to introduce protection orders for victims of sexual abuse may have potential overlaps with existing mechanisms that would need to be fully explored to ensure that the proposed measure is necessary, proportionate, and compatible with established statutory frameworks.
While there are currently no plans to extend the range of persons who can apply for safety and protection orders, I would like to assure the Deputy that all civil and criminal legislation is kept under review and I will consider any changes necessary to ensure it remains effective, proportionate, and fully compliant with due process and the Constitution.
