Q198 Mr. Dave Anderson: Can I ask you specifically about information exchange in relation to sex offenders. Our understanding is that you signed a protocol from March 2006. How well has it worked?

Mr Doran: Chairman I will pick up that response. That has been a very important step forward. Members will be aware of the limitations with data protection and human rights about the type of information that can be exchanged, but in drafting that document we took cognisance of those pieces of legislation, and that has provided a framework for the sharing of information where there is a planned move by sex offenders. However, we are now working on amendments to ensure that in situations where there is an unplanned move, where the public would be more concerned, we would also share information, as we strongly believe that public protection across the border should drive the practice. Our colleagues in the Police Service have also recently signed a memorandum of understanding with the Garda Síochána about the exchange of information regarding sex offenders, and I believe you have had evidence from colleagues from PSNI.

Q199 Chairman: We have, yes.

Mr Doran: We work very closely obviously with the police and our colleagues in the South work closely with the Garda Síochána. We would not want to suggest that this is a huge problem because, as we know, there is a very small number of predatory sex offenders per se and, again, we have no clear evidence of predatory sex offenders exploiting the different countries and the opportunity to cross the border to commit offences, but it is something that we are very focused on, and to that end we have also worked with our colleagues in the South to have a shared commitment to a very new and well-researched method of assessment for sex offenders, which our colleagues in the South have also agreed to adopt, and again the Police and Prison Service in the South and the PSNI and Northern Ireland Prison Service are also working with us on that. That is a major step forward, Chairman, we would suggest. We now have an all-Ireland instrument for assessing the risk posed by sex offenders.

Q200 Mr. Dave Anderson: So does the fact that you are working under two different sets of statute give you any problems? Is there any way you think you could improve what you are doing now?

Mr Doran: It would be wrong of me to say that there are no problems if an offender moved to the South. We have had evidence in the last two years where a sex offender in Northern Ireland who had disappeared turned up in the South, and it was a long process, working with colleagues and the police, and eventually he has returned to the jurisdiction, but it is not a massive problem.

Mr McCaughey: If I could add to that, Chairman. The issue for us in terms of the protocols was to ensure that we freed up our staff to be able to talk to one another about specific cases and to share information. Whilst individuals under our supervision may have human rights and there may be data protection issues, the overriding concern for our organisation is child protection, public protection and public safety, and the protocols were our means to free up staff to be able to talk to one another. When an offender leaves our jurisdiction without permission, we will lodge our warrants for his arrest and that matter then becomes a police matter, and it is police to Garda. As far as our protocols are concerned, it frees us up to have sensible discussions with our colleagues in the South.

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Q205 Mr. Dave Anderson: In terms of the arrangements in place do they help you if offenders move from the Republic across to Great Britain or vice versa? Is there a restriction on how you use the information?

Mr Doran: Chairman, if I could answer that initially. That is not something that we are involved directly in but we have provided information and guidance to our colleagues. There was at one stage a suggestion that we would act as a conduit between the Republic of Ireland and Great Britain, but it is fraught with difficulty because in these types of situations communication is essential, and Mr Anderson might be referring to a particular case where a convicted sex offender moved from the Republic of Ireland into GB and there were a number of concerns because he was a potentially dangerous offender. Really in Northern Ireland it is not something over which we have any authority or control. However, where we can provide advice and guidance we will do. I think one of the key elements in response to your question is that we have now developed trust with our colleagues in the South and vice versa. In fact, Brian McCaughey co-chairs the Public Protection Advisory Group which is accountable to the Inter-Governmental Working Party on Criminal Justice along with the Director of the Probation Service in the South, Michael Donnellan, so that basis of trust allows a lot of possibilities. There is a good, close working relationship.

Q206 Mr. Dave Anderson: When the Chairman opened he talked about the issues around data sharing and there are limits on what you can and cannot do. It would appear that information exchange in some way gets around that, not in a bad way but in a positive way. Is there a restriction on you using that information exchange for the benefit of probation services in Great Britain?

Mr Doran: What we did was the Home Office sent a number of officials over to Dublin to meet with their colleagues in the Department of Justice, Equality and Law Reform, and that was to address that very issue. We provided them with copies of our protocols which we had agreed with the Republic of Ireland to act possibly as a template, so I know that Home Office officials were working on that. That was 18 months to two years ago.

This is an uncorrected transcript of evidence taken in public and reported to the House. The transcript has been placed on the internet on the authority of the Committee. Neither witnesses nor Members have had the opportunity to correct the record. The transcript is not yet an approved formal record of these proceedings.

The full transcript may be read here.

Promoted by Paul Foy on behalf of Dave Anderson, both of St Cuthbert's Church Hall, Shibdon Road, Blaydon, NE21 5PT