Catherine Murphy (Kildare North, Independent)

I broadly support the concept of the Bill. As others have said, it is not perfect but it is a start and can be amended. The very purpose of the criminal justice system is to deter undesirable behaviour through sanctions, to remove persons from society whose behaviour is thought to pose a threat to the common good, and to rehabilitate those individuals in order that they can be reintegrated into society. It is vital to consider if there is a benefit to society in retaining conviction records indefinitely and if not how long we should retain them. If society does not benefit from retaining these records indefinitely and the individual is precluded from participating fully in society by not being allowed to work in certain professions, such records become a negative element against the very purpose of the criminal justice system. The Bill is an opportunity to amend the law so individuals who have served their sentences and pose no threat to the common good can be allowed to participate fully in society.

The Bill contains a list of exclusions but many people who have committed white collar crimes over the years have not attracted convictions. The latter group would not be subject to the same kind of sanctions. For example, however, one cannot be a public servant under the list of prescribed exclusions and so one could not sweep the streets or work as a hospital porter or in a post room. Even menial but important jobs, such as cleaning or bin collection, would be excluded for people who may have committed a minor offence when they were younger. In later life, however, when they may have a family to support, they could be excluded from holding such jobs. Such people should be encouraged to re-engage in society, but cannot do so if these exclusions are to be introduced. That matter will have to be dealt with on Committee Stage.

There are many people who have been a danger to this country and for whose decisions we will pay a huge price, yet they may never end up with a conviction. If a blind eye is to be turned or if it will not be possible to prosecute them, there must be a better arrangement for those who may have made a mistake early in their lives and who are paying a disproportionate price for that later on.

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