Decisions by the British government to compile a register of sex offenders, to require that paedophiles should notify the police of their whereabouts, and in exceptional circumstances to release selective information to communities which may be threatened by recidivism, put the issue firmly on the public agenda in this State as well as in the neighbouring jurisdiction. Difficult questions are raised concerning the civil rights of those who have been released after serving a sentence for sex offences. But many will agree that the lesser of two evils is to give the rights of children priority over those of their paedophile abusers.
This is all the easier to understand when full account is taken of research into the behavioural patterns of sex offenders. Amongst paedophiles, repeat offences run at an estimated rate of 90-95 per cent, according to studies in Britain. Specialists say this makes a curative approach quite unrealistic. Containment and control is the appropriate policy in these circumstances. It needs to be combined with more effective co-operation among the agencies concerned and a long-term preventative effort directed against child abuse, which is so often at the root of such behaviour. The rate of recidivism among other sex offenders is less pronounced but disturbingly common, nevertheless.
The measures announced yesterday firmly establish the principle that sex offenders should be registered and monitored. In retrospect, it will probably be seen as a necessary move which should not have taken so long to implement. The Home Office minister, Mr Alun Michael, is fearful that vigilantism could develop if information were to be made more widely available. He is also aware of the research that shows the problem could be driven underground and become more difficult to handle. These are valid worries, but they have not convinced parents of children who have suffered from repeat crimes that could have been prevented if more had been known about their perpetrators. Although the policy of information disclosure is cautious, it will probably be developed and refined as resources and public policy permit.
The civil rights norm must be to give priority to children and other potential victims of repeat offenders. In Ireland there has been more than enough exposure to sex offences in recent years as more cases have come forward, taboos on discussing child abuse have been lifted and a deeper understanding of the dangers posed by paedophilia has developed. Horrifying court cases have brought the issue fully into the public domain. The lessons were underlined by Judge Cyril Kelly's speech as he sentenced Brendan Smyth to 12 years jail on the grounds that he was a continuous danger to society who would re-offend if released from custody.
Compared to the British measures announced yesterday, it is difficult or impossible for the authorities here to release information on those who have committed sexual offences, without their permission. There is a strong case for more detailed records to be kept of sex offenders. But the question of whether to release information to communities, needs to be debated more fully, taking account of preventative policy as well as civil rights issues. There was a thorough discussion last year on the related question of mandatory reporting of sexual offences by those in authority who are told of them. The question of monitoring convicted sex offenders deserves equal attention.