John Browne (Wexford, Fianna Fail)

I welcome the chance to say a few words on the Spent Convictions Bill 2011. As has been stated, a number of years ago the former Deputy Barry Andrews introduced the Bill to the House and unfortunately the Government of the time did not proceed along the lines we expected. The Bill got lost or was put on the shelf somewhere along the way. It was introduced today by our spokesperson Deputy Calleary. It is a welcome Bill which gives us an opportunity to outline the reasons why we feel it should be given the priority it deserves.

All of us have come across cases where young people in their college days or during their exuberance at discos or on the street have a few jars and are fined or end up in court having been charged with a minor offence. They end up having the offence on their file for as long as it has to remain there. We have all heard of instances where people applied for jobs but once they disclose minor offences they find it very difficult to secure them.

All the Deputies on this side of the House have made cases for such people to employers and have asked them to take them on and give them a chance because it was only a minor offence, a number of years may have elapsed since the offence and the person had re-engaged with society and had no problems whatsoever. Many of the people concerned come from very decent families, but because they have a record they find it very difficult to secure a job.

I am aware of instances where people went to America or Australia. Recently a young man from my home town managed to pass through the US system in Dublin but when he arrived in JFK Airport he got no further. He was held by the police and his mother rang me to find out what was going on. I rang the airport and eventually got through to the people who were holding the young man. I was informed that he committed a felony back home. The young man could not understand why he had been arrested and would be deported back to Ireland. It turned out that he had been given the Probation Act for a minor row he was involved in during his college days in Waterford some ten or 12 years previously. He was sent back home but his girlfriend was allowed to remain in America. He will not be allowed back into the United States. It is more difficult to get into Australia for those who have committed minor offences.

This Bill provides a person with a conviction for a minor offence the opportunity of not disclosing the conviction when seeking employment. It also recognises, as Deputy Calleary said, that the most effective means of rehabilitation is through gainful employment. During the debate on the Social Welfare and Pensions Bill the Minister and all Deputies referred to the importance of getting back into the work environment and ethic and how it can restore people's self-esteem and enhance their status amongst family, friends and the wider community. It has been shown many times to reduce considerably the likelihood of people reoffending.

Securing employment is a very effective way of achieving the reintegration of convicted persons into society and as Deputies have said the Bill also takes into account the wider interests of society, especially the protection of honourable persons. Of course it is important to have limitations and exclusions and the most notable relates to employment where there is access to children. It is very important that Garda clearance would continue to be dealt with regardless of what Bill is passed.

The system of Garda clearance is very slow and is a major difficulty in this country. I and other Deputies have come across cases, in particular in the child care area where there are a lot of job opportunities, where it takes months to get Garda clearance. People are being denied the right to work in this area because of the slowness of the system. I argued with Fianna Fáil Ministers that it would be better to bring the system of Garda clearance back to each county or district division. A person might apply for Garda clearance in Tipperary, return to a garda at local level who has to do a report, which is only right, and he or she then has to send the report back to Tipperary. The report then has to be sent to the person involved. It would be far easier if the person seeking clearance in Castlebar or Wexford could go to his or her local Garda station where the gardaí would know him or her and get the clearance more quickly. The Minister is aware of the situation as he comes from the legal profession. He knows it is important that we make Garda clearance certificates available as quickly as possible to enable people to enter the work environment.

This Bill addresses a significant gap in our current arrangements. We currently have no means of regarding a conviction as spent, apart from the limited regime for non-disclosure available to minors under section 258 of Children's Act 2001. Therefore, the Bill provides us with the means to put a structured system in place for not disclosing convictions. In general, people should be allowed to move on with their lives after completing their term of imprisonment or the payment of a fine. It is an important line in the Bill. Unfortunately, experience has demonstrated that the possibility of securing employment is greatly reduced once an employer becomes aware of the existence of a criminal record or in the absence of any general statutory non-disclosure.

The effect of the current situation is that a person who was over 18 years of age when an offence was committed must carry with him or her the consequences of even a minor offence long after the debt to society has been repaid. This situation offends our view of what is proportionate, fair and reasonable. It is important that we examine this Bill in a magnanimous way.

The previous Government did not take on boards the views of Barry Andrews. There may have been drafting difficulties or whatever but the bones of the Bill from Barry Andrews's time and in its current form from Deputy Calleary is available for the Minister to take on board. I ask him to consider it as favourably as possible and accept that there is a need for it to be introduced.

I am sure the Minister, given that he comes from the legal profession, is aware of the points we are making. I am sure he is also aware of the need to change the legislation as quickly as possible. Therefore, I ask him to accept the Bill in the best interests of the people we are discussing. There is no other reason for us to debate it. Deputy Calleary spelled out very clearly the reasons for the Bill coming before the House and I ask the Minister to take them on board.

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