Joe McHugh (Donegal North East, Fine Gael)

I welcome the opportunity speak on this motion. It is worth noting that while Deputy Calleary has been vocal on this matter, his former ministerial colleague Barry Andrews was also proactive in this area. We can all talk in unison if we are looking at giving people a second chance in various walks of life. Everybody should have that opportunity. There are sensitivities, anomalies and complexities within this legislation that need to be addressed. The possibility of non-disclosure will arise only after seven years have passed without a further conviction when a sentence of imprisonment has been imposed or after five years in other cases.

The Minister, Deputy Shatter, will be proactive and he has made indications to that effect in the first few weeks of this Dáil term. In response to a parliamentary question I tabled, he referenced the Children Act whereby teenagers under the age of 18 have an opportunity for non-disclosure in this respect when applying for certain jobs or seeking to travel abroad. Obviously there are certain crimes where the non-disclosure aspect would not kick in. However, a person who has a black mark against him or her for a misdemeanour that warranted imprisonment for a period of less than 12 months or a fine but who did not have previous convictions, on reaching the age of 18, will not come within this reference provision and will have to carry that black mark against him or her for the rest of his or her life. That is where the challenge lies in this respect. We must examine the proposals in the Bill and acknowledge the possibility of non-disclosure for an individual with a five year clean slate and a seven year period in the case of an individual who had a sentence of over 12 months. That will have to be worked out. A consultation process headed by the Minister is ongoing. He has committed to legislation on this is the legislative programme.

I cite the example of a person I will be careful not to name. He has done well. He was over 18 years of age when he committed a minor misdemeanour and he is carrying that black mark against his name and is conscious he will continue to carry it. It was a first offence. He was in a group setting. He was not given adequate and responsible legal advice that would have resulted in him realising a different outcome from the one he got. However, he continued to see the positive side and was ambitious in going back to college. He continued to be proactive in trying to better himself. He now has a job that requires him to travel all over the world. He has a special skill for which there is a major demand throughout the world and is required to travel to many countries but he is under pressure every time he goes through certain airports wondering if somebody is looking over his shoulder or where he stands in regard to this conviction. That example is a case study of a person who took the progressive route of trying to better himself and is somebody who deserves a second chance.

My second point is on foot of many conversations I have had with social workers. For those who have been given a third strike and have gone through the JLO system for offenders under the age of 18 years, there is not enough support in terms of social intervention. It is not good enough to send people to Mountjoy and St. Patrick's Institution if there is a proper alternative, which would be some form of a community setting whereby in respect of such minor misdemeanours an arrangement could be made at a local level.

The third point relates to young fellows - I am being specifically gender------

See this speech in context