Seán Kenny (Dublin North East, Labour)

I very much welcome the Bill, which will allow for the reintegration of ex-offenders into society where the sentence they were handed down is under six months imprisonment or a fine. The conviction under certain circumstances can be regarded as spent. I also very much welcome the thoughtful contributions of a number of parties, the Irish Human Rights Commission and the Irish Penal Reform Trust, which will be reflected in the Bill.

This Bill is very much a step in the right direction for citizens and for Ireland's standing in the world. Ireland is almost unique in the EU in lacking legal provision in this area. Given that the largest proportion of those who were sentenced by Irish courts received short-term prison sentences, fines or community-based sanctions for non-violent offences, the lack of a possibility to have a criminal conviction deemed spent after a certain period is a disproportionate consequence, arguably one that constitutes an additional punishment that lasts a lifetime.

This situation has far-reaching consequences for those who are sentenced for criminal offences. Individuals with even minor criminal convictions face ongoing restrictions and barriers in employment, training, education, travel, taking out insurance and many other areas of life. These are people who were convicted of relatively minor offences many years ago and who have since had no contact with the criminal justice system. Some have moved on to good careers, but still believe their convictions are hanging over them. Others fear that, if they try to move job, their past will come back to haunt them. These are people who made mistakes at an earlier point in their lives and were convicted of relatively minor offences.

According to the Minister, since taking office he has been struck by the number of people who have written to him urging the progression of this legislation. Indeed, I have recently been dealing with a constituent, a young man who is having difficulties getting a visa in a non-European jurisdiction because he has one conviction from almost a decade ago that resulted in a fine for drunk and disorderly behaviour. In these difficult times, we must sadly watch our young people emigrate. Surely it is only fair that, when a person emigrates, he or she is able to get his or her life back on track without an old conviction for a minor offence hanging over him or her.

There must be a balance in the legislation. I wish to make a number of points in this regard. First, after a reasonable period, a person should be able to move on and not need to declare a previous conviction for relatively minor offences, particularly when applying for a job. This is the point of the legislation, namely, that our criminal justice system should not only punish where appropriate, but also rehabilitate. Second, certain offences such as sexual offences must always be disclosed, no matter the length of the prison sentence imposed or the amount of time since release that the person has been free of convictions. Third, certain sensitive types of work, such as work involving children and vulnerable people in society, in the field of justice and in State security, should be excluded from this legislation.

The final two points support employers. No employers should be expected to operate in the dark and risk the reputation of their businesses as a result of the introduction of legislation of this kind. Neither can it put vulnerable persons at risk. This is why only minor offences are considered in the legislation; sexual and other serious offences are excluded. This is in the interest of the public and the State. The public must be able to feel safe and, to that effect, the proposals on spent convictions would undermine the legitimate requirement that those who wish to work for the State in sensitive roles or for the providers of care will still be subject to vetting. The Government Bill explicitly provides that An Garda Síochána may disclose spent convictions where information is requested by an employer in respect of any excluded employment. For the avoidance of doubt, I will repeat that individuals convicted of sexual offences will not be able to benefit from the Bill's provisions. There can be no allowance in this regard, something that the Bill makes crystal clear.

The Bill is fundamentally about people with convictions gaining access to employment, but it is necessary to preclude some types. This should not mean that somebody convicted of an offence that would be deemed spent were the job in a particular field should be debarred from employment. Reasonable employers should consider whether convictions are relevant to the jobs on offer and, where they are not, should not allow them to influence their decisions. Prospective employers have a key role to play in the rehabilitation of offenders, including their integration into the workforce. This legislation supports employers, but it should also support employees.

See this speech in context