New legislation forcing criminals to declare their convictions on entering the UK could be introduced in the wake of a report about the brutal killer of a Dundee mother of three.
The recommendation is included in a significant case review into registered Irish sex offender Patrick Rae’s background before his murder of 34-year-old Mary McLaren in February 2010.
The independent report calls for greater sharing of information on sex offenders between the UK and Irish governments.
The 42-year-old was not subject to any restrictions under the Sexual Offences Act 2003 in the UK when he raped and murdered Mrs McLaren after meeting her in Dundee’s Fat Sams nightclub.
Tayside Police learned Rae was a convicted rapist and Registered Sex Offender in the Republic of Ireland during the investigation into Mrs McLaren’s murder.
The report states: ”It is recommended that the Association of Chief Police Constables in Scotland (ACPOS) consider the requirement for legislation compelling foreign nationals with convictions for sexual and other specified crimes, and UK nationals convicted of such crimes while abroad, to disclose their convictions upon entering, or returning to, the United Kingdom.”
There is currently no legal requirement for a foreign national to disclose previous convictions on arrival in the UK.
Labour’s justice spokesman, Lewis Macdonald, backed a change in the law, saying: ”This significant case review reveals the levels to which many criminals will go to disguise their identities and their past offences from the authorities.
”Individuals like Patrick Rae would no doubt attempt to hide the truth if they were required to reveal previous sex offences upon entering a country.
”But a change to legislation regarding the disclosure of certain convictions would help towards improving police intelligence regarding immigrants and their families.”
The review was commissioned by Lothian and Borders Assistant Chief Constable Iain Livingstone. It identified there were practical difficulties for police in Scotland dealing with foreign nationals who are offenders in their own country, particularly where they lead an itinerant lifestyle and are known by a number of different names.
Rae, who is serving a life sentence for the rape and murder, was not an illegal immigrant and travelled regularly between the Republic of Ireland and Scotland.
However, he had served time in prison between June 1997 and April 2002, after being convicted of rape, attempted rape, aggravated sexual assault, assault and false imprisonment of a woman.
He came to Tayside Police’s attention in Arbroath on March 3 2010 a week after Mary McLaren was killed for a road policing matter.
Tayside Police Assistant Chief Constable Angela Wilson said: ”It is Rae and Rae alone who is responsible for his actions. Nothing would have altered his evasiveness or murderous intent.
”Wherever he was, Patrick Rae set out to deliberately deceive the authorities. Such individuals place a heavy onus on the police and other agencies to ensure that information is recorded, shared and acted upon. That is a challenge that we must be up to.”
Commenting on the review’s publication, Mrs McLaren’s family said: ”Mary is still in our hearts and not a day goes by when we don’t think of her.
”Patrick Rae took Mary away from us and nothing can be done to bring her back to us. We cannot forget Patrick Rae or forgive him for what he has done.
”But we do hope that we can put this evil man to the back of our minds and move forward as a family with the many happy memories that we have of Mary.”