A register of criminals convicted of sexual crimes and domestic violence, supposedly modelled on Revenue’s tax defaulters list, will not be available publicly.
The Irish Times has learned that while legislation is being readied to create the unprecedented register of criminals, only some names of offenders will be released to carefully selected people following security reviews.
Minister for Justice Jim O’Callaghan had previously said the register would not include those “convicted of summary offences in the District Court”, though he believed it was wrong that crimes by other, more serious, offenders were not “publicised” at present.
However, it has emerged no part of the register, even relating to those who commit the most serious crimes, will be publicly available.
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Instead, it will be a secret register, maintained mainly for the Garda, with the Department of Justice confirming information would only be disclosed to carefully selected members of the public in very specific circumstances.
For example, if a person on the register was convicted of sexual offences, or of violent crime within a relationship, that information could be disclosed by gardaí to any new partner they entered into a relationship with.
Information could also be shared with other, carefully selected, members of the public in an attempt to help them protect themselves and their children.
Mr O’Callaghan proposed the tax defaulters-style register last month, saying the names of those convicted of sexual and gender-based violence only emerged publicly if the media happened to be present at court cases to report on them.
[ Jim O’Callaghan’s register of sex offenders would be a gift to vigilantesOpens in new window ]
“We have a situation in this country where we publish a list of tax offenders. We don’t publish it of people being convicted of rape or serious sexual assault,” he said.
He said it was “too much” to expect victims to waive their anonymity so their attackers could be identified in court reporting at the end of a criminal case.
In reply to queries, the department said the programme for government “commits to working with An Garda Síochána to ensure a person in an intimate relationship can be informed of a serious risk to them where a new partner has a history of domestic violence”.
It added Mr O’Callaghan had now asked his officials “to examine proposals to establish a register or mechanism that would facilitate disclosure of information in respect of an offender’s prior convictions where there is a risk of harm”.
“Careful consideration is required of the legal and policy implications of how the proposals would work in practice, in consultation with relevant stakeholders,” the response added.
Asked about the mooted register last week, Garda Commissioner Drew Harris said he did not believe anyone’s name was “going to go up on the internet”, adding it was unlikely to be “a public process”.
“There’s no jurisdiction I’m aware of, certainly within a human rights concept, or a common law concept, that, in effect, publishes these names,” he said.
