Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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While the Bill is welcome, the challenge in the legislation is to find proportionality between the need to rehabilitate a person and the need to protect citizens and vulnerable people, employers and employees. I gave a particular case study of a person who has made a huge effort in education over a sustained period and has not only repaid his debt to society but has actively sought to do more than that. We have to strike that balance.

I draw the attention of the Minister of State to the case of Cox v. Ireland which went to the Supreme Court. The court ruled that section 34 of the Offences against the State Act 1939, which applied to public servants, was too broad and discriminated against those affected. In this legislation the Minister of State and the Department of Justice and Equality should be mindful that wherever they set the level, it must be balanced with the right of the citizen who has rehabilitated himself or herself in a demonstrable way to have a chance to return and actively participate. This concerns the whole area of employment rights - that the person's rights to work, to a pension and in other issues are not affected. I accept the Minister of State has made clear he will not go beyond 12 months but I appeal to him to engage with the Minister after today's meeting to see if he is entirely satisfied that what he suggests is in compliance with Article 40.3 of the Constitution, namely, the right to work or earn a livelihood.