Oireachtas Joint and Select Committees

Wednesday, 10 July 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Spent Convictions: Discussion

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I welcome the Bill. It is good legislation. Like Deputy O'Callaghan, I find people come into my clinic occasionally to ask about their situation and whether the spent convictions legislation would apply to them. Even before the facts of their cases are out of their mouths, I am thinking it probably would not apply to them. When the facts have been put before me, I have found the legislation may apply in one or two cases but much more often it does not apply and people have not been able to avail of it.

Incidentally, this is also an issue that delays citizenship applications proceeding, which is an area of a ministerial discretion. People may have had two or three convictions, some of which may be minor or not so minor, and from my experience the Minister has used his discretion not to grant citizenship even when the applicant has been living in Ireland for ten to 15 years, but that is an aside.

I agree with Deputy O'Callaghan's point that potentially we can agree with the approach taken by Senator Ruane. It is important we have this discussion but potentially if this legislation can be broadened out I would be happy to support it.

In a wider policy context, one of the representatives of the Irish Penal Reform Trust might indicate how Ireland rates in terms of rehabilitation and recidivism. Senator Ruane, Mr. Niall Walsh and Dr. McIntyre can also respond to that if they wish. Are our rates improving or disimproving?

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