Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I agree that we must adopt a precautionary principle. There is no doubt that the State, like every other state, has had the experience of individuals coming here with significant criminal records, some of them horrific, who have perpetrated horrendous crimes, including rape and murder, in this country. We are all aware of a number of cases in which that has occurred. However, in the context of the practical work the vetting bureau has undertaken so far, there has not been an example of which I am aware of a circumstance in which somebody who originally had a foreign residence but has been living in this country for many years has been vetted and deemed suitable for a position was subsequently proved not only to be unsuitable but to have a concealed foreign criminal record.

We must be careful to ensure what we are doing has a degree of common sense, is proportionate and balanced and that we do not create a situation where an individual who is lawfully resident in the State and well qualified to undertake work with children and vulnerable adults in circumstances where there are not many others with similar qualifications who are interested in doing such work, faces barriers that are unfair and possibly contrary to public interest. We are conscious of this.

I referred to the European Union. I will be bringing forward a separate Bill, the criminal records (information systems) Bill, that will provide for enhanced cooperation in exchanging criminal record information with other states. The scheme of the Bill was published earlier this year and I expect the Bill to be published in 2013. This will implement an EU member state agreement on the exchange of criminal records data between EU states. It will also provide for the exchange of criminal record information with states outside the European Union, allowing us to enter into formal agreements with non-EU states.

Following the introduction of that legislation, the information available to the vetting bureau for vetting purposes will be greatly expanded and it will, in the context of other EU member states meeting their obligations, provide for speedier responses than one gets from certain states at present when queries are made for vetting purposes.

I am conscious of the importance of this area. It is worthwhile discussing it and if Deputy Mac Lochlainn would allow us to get further advice from the Attorney General's office on the amendment, we could return to it on Report Stage. I cannot say for certain that we will adopt the amendment but I am happy to give it additional consideration.