Michael McNamara (Clare, Labour)

I do not propose to break with the unanimity of the Chamber in supporting the Bill. I join with my colleagues on this side of the House in commending Deputy Calleary on reintroducing this welcome proposal. While it requires considerable work before it can be enacted, it is an important step in the right direction.

We are all aware of the importance of rehabilitation in our criminal justice system. It is one of our sentencing regime's four purposes. That persons are or can be discriminated against for the duration of their lives when seeking employment because of something that, as Deputy McHugh described, got out of hand in their early years is a situation with which the entirety of the House disagrees. On that basis, the Bill is a welcome step. However, it has some shortcomings that will need to be redressed on Committee Stage.

One of the Bill's main features is that it applies to sentences of no more than six months imprisonment or where fines are imposed. It is not entirely clear that it would apply to community service orders, but whether this is the case will become more explicit. That the Bill only applies to sentences of six months duration is particularly problematic, as any of the great number of offences triable in the Circuit Court will be excluded.

The possibility of non-disclosure applies only after a conviction-free period of seven years, which is a long time following, for example, a suspended sentence of one year. People involved in the criminal justice system would regard such a sentence as being relatively minor. It is important to note that non-disclosure does not apply to certain offences, in particular, offences triable in the Central Criminal Court. These include serious offences such as rape and murder. They would not be covered anyway because of the six-month rule, since they would attract sentences considerably in excess of six months upon conviction, but they are being specifically excluded, which is an important measure.

The Bill requires that persons who are applying for practically any public service position would need to declare their convictions. While there are justifications where the positions are sensitive, such as the administration of justice or the courts system or caring for or working with children, it is difficult to see how such a blanket exemption in respect of the entirety of the public sector is justifiable. In the current circumstances, it is arguably discriminatory that all public service positions should be covered in this way.

I reiterate my support for the Bill and I commend Deputy Calleary on reintroducing it to the House. I look forward to the shortcomings being addressed on Committee Stage.

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