Kieran McCartan University of the West of England, Bristol Kieran.mccartan@uwe.ac.uk

1. Kieran McCartan University of the West of England, Bristol Kieran.mccartan@uwe.ac.uk http://www.uwe.ac.uk/hlss/sociology/staff_kmccartan.shtml Debates, Issues and concerns around the Public Disclosure of sex offender information: considerations for Northern Ireland 6th North/South Irish criminology Conference,University of Ulster, Belfast: 2010

2. Contents • Understanding contemporary definitions and responses to Child sexual abuse generally in the UK and more specifically in Northern Ireland • The origins of sex offender registration and public disclosure of sex offender information in the UK: • Attitudes toward Public disclosure of sex offender information in the UK: • The realities and impact of the public disclosure of sex offender information in Northern Ireland • Does public disclosure contradict the ethos of restorative justice and reconciliation in Northern Ireland? • Public disclosure, sexual offender management, public protection and government policy.

3. Contemporary understandings of and social reactions to Child Sexual Abuse • Child sexual abuse, especially paedophilia, is a high profile social issue and moral panic (Thomas, 2005; Davidson, 2008). • Child sexual abuse is a high profile and central issue for the government, politicians and policy makers; as demonstrated by the debates in the previous election. • Understandings of Paedophilia & Child Sexual Abuse • Paedophilia is a form of Child Sexual Abuse, but not all Child Sexual Abuse is Paedophilia • Paedophilia is a confused and often contested term, with both it and Child Sexual Abuse often getting used interchangeably (Harrison et al, In Press; McCartan, 2008, 2010) • The media has helped to create and maintain the current discourses around Paedophilia & Child Sexual Abuse, feeding government and public (mis)understandings (McCartan, 2010; Davidson, 2008) • The media misrepresent the complexity of paedophilia often discussing it in one-dimensional, sensationalistic and simplistic terms which results in a weakened and skewed public understanding. (Silverman & Wilson, 2002; Thomas, 2005; Kitzinger, 2005). • The Government misperceive paedophilia/CSA as being solely about risk, therefore responding in terms of risk reduction and public protection not on treatment, prevention and/or reintegration (McCartan, 2008). • Public seem to have a good general idea of CSA & Paedophilia, but this diminishes upon closer inspection (McCartan, 2004, 2010) • Research in Northern Ireland indicates that the public are quite concerned about Child Sexual Abuse, believe the offenders to be ‘evil’ and unable to be treated (Northern Ireland Office, 2007; McCartan, 2004) • However, how should we respond to Child Sexual Abusers - Punish vs. Rehabilitate ?

4. UK Child sexual abuse policy developments • In recent years there has been a series of high profile changes in UK policy and legislation regarding child sexual abuse (Home Office, 2007). • (Child) Sex Offender Policy has been driven by • High profile media stories • Reactionary public attitudes • Evidence based research • Sex offender management developments in policy & practice; • The Crime and Disorder Act 1998; • The Sex Offenders Act 1997, which established the sex offender’s register & the expansion of the Criminal Records Bureau (CRB); • The Criminal Justice and Court Services Act 2000, which introduced Multi-Agency Public Protection Arrangements (MAPPA); • The News of the world & Sarah’s charter (not Sarah's law) • Sex Offences act 2003 • The establishment of the Child Exploitation and Online Protection Centre (CE0P) in 2006. • These child sexual abuse policies and legislative changes have had varying degrees of success

5. Sex Offender management, policy & practice in Northern Ireland • Northern Ireland does not necessarily have legislation, policy and practice that sits directly in line with, or come on board at the same time as, the rest of the UK. • Offences Against the Person Act 1861 • The Criminal Law Amendment Act of 1885 • Children & young persons act (northern Ireland) 1968 • Protection of children (Northern Ireland) order 1978 • Criminal Justice (Northern Ireland) Order 1988 • the Sexual Offences Amendment Act 2000 • Multi-Agency Sex Offender Risk Assessment and Management (MASRAM) introduced in 2001 • Sex offences act 2003 • Sexual Offences (Northern Ireland) order 2008 • Criminal justice (Northern Ireland) Order 2008 • MASRAM changed to Public Protection Arrangements Northern Ireland (PPANI) • Arrangements for notification of sex offenders from jurisdictions outside of the UK • Call for an all Ireland sex offenders register from the Northern Ireland Affairs committee (BBC, 2009) • The relationship between the Northern Ireland and the Republic of Ireland in monitoring sex offenders. • The public disclosure of sex offenders information will be implemented in nationally (Home Office , 2010); but only England, Wales & Scotland have discussed it and started making plans – so what does this mean for Northern Ireland.

6. Sex offender notification: origins & realities • The public disclosure of sex offender information (i.e., ‘Sarah’s Law’) has had more public and political debate than any other piece of child sexual abuse policy and legislation. • This initiative is modelled upon Megan’s Law and was promoted by the News of the World and Sara Payne as a result of the abduction, rape and murder of her daughter Sarah Payne in 2000 (McCartan, 2010; Silverman & Wilson, 2002). • The UK governments approach and react ion to Sarah's Law • The UK government has had a problematic, often inconsistent attitude towards the public disclosure of sex offender information. • public disclosure was rejected on public protection grounds (Plotnikoff & Woolfson, 2000; Dodd, 2000, July 24: Guardian.co.uk; Morris, 2000, July 31: Guardian.co.uk), • Was reconsidered and provisionally agreed to (Assinder, 2006, June 20: bbc.co.uk;), • before being quickly discounted again (Travis, 2007, April 11: Guardian.co.uk). • Then partial public disclosure of sex offender information was agreed to and implemented (Home Office, 2007) • The year long Public Disclosure Pilot (Kemshall et al, 2010) revealed low inquiry rates by the public, high degrees of public confidentiality and no public disorder or vigilantism • Agreed to implement the full public disclosure of sex offender information in England & Wales, regardless of the general election outcome (Travis, 2010, January 24: Guardian.co.uk),

7. Attitudes toward Public disclosure • Public • Public are seem to be pro public disclosure (McCartan 2004; Critcher, 2002). • A Northern Irish sample seemed to be more in favour of public disclosure of sex offender information (64%) than a comparative English one (37%) (McCartan, 2004). • Media • Different media outputs (TV, Radio, Press), types (Tabloid, Broadsheet) and sizes (international, national, regional, local) have different approaches and attitudes. • The News of The world Sarah Payne campaigns • Condemnation by policy makers and the government (Morris 2000; Dodd 2000). • Mixed reactions from the media, who whilst they supported Sarah’s Charter condemned public disclosure (Critcher 2002; Hodgson 2001). • The Payne family were positive about the campaigns (Day 2001). • Seemingly wide spread public support (Critcher 2002), • Professionals • NSPCC is anti uncontrolled public disclosure of sex offender information, but does support strictly controlled and regulated disclosure (June, 2010) • The police seem to be anti-public disclosure (PSNI, November 2008) • Division in the coalition – Conservatives are more pro it than the Lib Dems (Travis, 2010, January 24: Guardian.co.uk) • But what does the Northern Ireland Assembly & Northern Irish Politicians think? • Mixed professional attitudes (Kemshall et al, 2010; McCartan, 2007) • Offender concerns and issues around realistic offender management (Kemshall et al, 2010)

8. The planned public disclosure scheme • “it is not an aim of this scheme to introduce a US-style Megan’s Law or automatic disclosure of sexual offenders details to the general public..” (Home Office, 2010; 2) • Disclosure process: • Stage 1: Enquiries • Anyone is free to make enquires, but primary & secondary care givers maybe more successful than others • Written application and preliminary police check • Only gets passed on if directly relating to a specific child • Stage 2: Applications • Formal application done through face-to-face interview with a trained/specialised member of the police • Full background checks are done on the applicant • Stage 3: Information & empowerment • Stage 4: Full risk assessment • Stage 5: Decision routes and outcomes • A decision on ‘concerns’ or ‘no concerns’ about the offender in question is made. • Concerns = previous conviction for child sexual abuse and/or other acts regarding the safeguarding children, as well as intelligence on the subject regarding child safety concerns ( • Information will only be disclosed to the person best suited to protect the child. • All decisions will be given in person in a secure setting, no written conformation will be given. (i.e., MAPPA or Case Conference) • Advice/guidance on the limits and/or implications of disclosure: • May only be used for the purpose it was requested (i.e., child protection) • The applicant will have to agree and sign that the information is confidential and they will not disclose this information further, which could result in legal proceedings. • If the person is not willing to sign the undertaking, the police will need to consider if disclosure should still take place.

9. Public disclosure of sex offender information & Northern Ireland (I) • The Northern Ireland context : • Transitional society - moving from the troubles to a ‘normal ‘ society. • The peace building, reconciliation, justice and punishment – a difficult balancing act? • Northern Ireland has policing, justice and social inclusion issues; but what does this mean beyond the context of political violence? • Sexual violence in Northern Ireland • Sexual abuse and sexual violence are often underreported • There are currently 928 people on the sex offenders register in Northern Ireland (PSNI, 2010) • Sex Offender notification requirements (i.e., the sex offenders register ) has an over 90% sign up rate and works well in Northern Ireland (Committee for Justice, Northern Ireland Assembly, 2010) - • Government Practice & Policy • In relation to the rest of the UK & to Ireland? • Northern Ireland in line with or different to the UK & Ireland? To what degree is this righ, appropriate and acceptable? • Will uniquely Northern Irish factors play a role in the development of public disclosure policy (issues around policing and justice; the impact of finical cuts; political division and debate; history of the troubles)?

10. Public disclosure of sex offender information & Northern Ireland (II) • Policing, the justice system & managing offenders • What is the impact of releasing sex offender information, how it will applicant confidentiality be monitored? • Is this more likely to happen and the applicant be identified because of the close communities as well as tight social networks in Northern Ireland? • What will happen if the applicants break confidentiality? • Will there be increase cost (time, money and resources) around policing sex offenders as a result of this? • Will it lead to an increase in offenders going underground and/or crossing the border into Ireland? • What will its affect be on individual management and attitudes to offender rehabilitation in general? • Public Protection • Is the release of sex offender information (even in this limited way) helpful in terms of protecting the public? • Sex offender protection, vigilantism and policing? • Popular punitiveness, risk management or the government/criminal justice system shifting the responsibility? Because risk can, and is, managed in different ways.

11. Public disclosure of sex offender information & Northern Ireland (III) • Restorative justice vs. Community justice • Does public disclosure go against the current theme of reconciliation, reintegration and forgiveness taking place in northern Ireland? • Is public disclosure reintergrative shamming, another from of punishment or a social control mechanism? • Would the public disclosure of sex offender information indicate a hierarchy of offenders justified by the state? • Culture of community action and community empowerment • Community bonding and strong social networks are central in Northern Ireland - therefore what would the reality of (limited) public disclosure be? • Is informal public disclosure already happening ? if so to what degree? And what is the outcome - Overt or subtle community pressure? • What would the impact be upon communities with a history of empowerment and action? Would they take the law into their own hands or go through the legitimate channels? • Sex offending, sectarianism and retaliation – intra-community bonding vs. Inter-community division • Would this lead to greater intra community bonding or greater intra community dissolution? • Would this lead to cross community bonding in response to a common enemy? • Would different communities have a more negative response to internal or external sex offenders? Especially if they are doubly deviance (a sex offender and political dissent) • Sexual abuse by clergy or high profile lay church members and its impact upon communities.

12. Conclusions • Does public disclosure contradict and work against restorative justice and reconciliation in Northern Ireland? • With the public disclosure of sex offender information being rolled out nationally what does this mean for Northern Ireland, in terms of: • Financial cost (i.e., police and the Criminal Justice System) • Social, political & cultural cost • The continuing successful management of sex offenders • Research: • With Pilot studies having been carried out in England and Scotland, will there be any in Northern Ireland? • What, if any research has been carried out on the impact of public disclosure in northern Ireland?