John Perry (Sligo-North Leitrim, Fine Gael)

I am pleased to have the opportunity to speak on the Spent Convictions Bill 2011. I am glad that my colleague, the Minister for Justice and Equality, Deputy Alan Shatter, has decided not to oppose the Bill and supports the principle underpinning it, that the rehabilitation and integration of persons with past convictions is worthy of encouragement. I understand his Department is currently engaged in extensive consultations with other Departments and relevant agencies with a view to finalising a Bill for submission to Government in the near future.

It is important to note that this Bill does not provide for the removal of offences from a person's record. For those who may benefit from the provisions of the Bill, it means they will not have to disclose that they have a conviction. There are people who have been convicted of relatively minor offences years ago and have not had any convictions since, yet they feel those convictions still hang over them like the sword of Damocles. It is important that this matter must be examined. However, not all convictions will benefit from the provisions of this Bill and it is important to note that serious offences such as sexual offences or other offences which receive long sentences cannot be covered by this legislation, the purpose of which is to remove obstacles to employment. In terms of job creation in these times, it is important that people who have been convicted of a minor offence will be given a second chance, as Deputy McHugh stated. Sex offences must always be disclosed, irrespective of the length of sentence imposed or the subsequent conviction free period. No employer or potential employer should be put at risk by the introduction of this legislation nor should any vulnerable person be put at risk. It is vitally important that employment involving children or any vulnerable persons are excluded from the remit of this legislation and I believe it is the intention of the Minister for Justice and Equality to incorporate that important fact in his Bill.

It seems unfair that people who were convicted of relatively minor offences years ago should carry that burden for the rest of their lives as these are not repeat or serious offenders and some of them may have progressed in their careers in the intervening years, as in the example cited by Deputy McHugh. It is important that people who may have committed a minor offence in their youth and have had that offence on their record when they have sought employment would be given a second chance. While the offence has occurred and the conviction will remain on the person's criminal record there will be no obligation to disclose it in certain circumstances. However, the obligation to disclose a conviction will remain in the case of certain employment applications such as child care, public service etc.

I understand the new Bill will build on the recommendations in the 2007 Law Reform Commission Report, an important document, and will seek to achieve a fair balance between incentivising offenders to remain conviction free and enabling them to get on with their lives on the one hand while on the other hand ensuring public safety.

I look forward to the debate on the Bill which will be brought forward by the Minister following the conclusion of the consultations currently under way by his Department. I thank Deputy Calleary for introducing this Bill at this time and I have no doubt he and his colleagues will make significant contributions to the debate during the various Stages of it. It is important that people are given a second chance and it is worthy that following rehabilitation they can get meaningful employment. I thank Deputy Calleary for bringing forward this Bill.

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