Terence Flanagan (Dublin North East, Fine Gael)

Like most Deputies, I congratulate Deputy Calleary on putting the Bill back on the agenda. That all Members have adopted a consensual approach is welcome.

The Spent Convictions Bill will regard certain convictions as being spent for certain purposes where the convicted person has not been convicted of any other offence within a specified period. When implemented, the net effect of the Bill will be that, while a conviction will remain on a person's record, he or she will not be obliged to disclose it when applying for a job. This is a good provision that moves with the times and gives someone a second chance in life, which is important.

The Bill introduces the concept of a rehabilitated person, that is, someone who will not need to disclose a spent conviction during, for example, a court case in which he or she is involved. It is important when people are applying for jobs in this most difficult climate that nothing holds them back. This legislation, when enacted, will allow people to be judged on their merits rather than on any particular mistake they made in the past.

The rehabilitative period in regard to a person who has been imprisoned is seven years and in respect of a person who has been fined or received a non-custodial sentence is five years. However, this timeframe will be extended if the person is caught up in another conviction. A shortcoming of this Bill to which the Minister, Deputy Shatter, referred is that it does not mention the number of convictions that may be spent.

On exclusion of particular convictions, a person who appears before the Central Criminal Court or is convicted of a sexual offence with a minor will be excluded from the provisions of this legislation. It is necessary we do not legislate to allow such people non-disclosure of what they have done in the past. Also, we cannot legislate to allow people in sensitive positions, in particular people working in the Health Service Executive dealing with children, who have committed an offence relating to children to have their convictions in that regard spent. Insurance fraud has been a big problem here in the past. It is only right that there be utmost disclosure on insurance proposal forms when a person has been involved in insurance fraud.

The Law Reform Commission has been seeking enactment of this legislation for some time. It is timely that Deputy Calleary has brought forward this Bill, which presents the Government with the opportunity to change the law in this area. This legislation will remove barriers to employment and give people a second chance, in particular those rehabilitated back into society. As mentioned by a previous speaker, Ireland is lagging behind in terms of our not having enacted this legislation. Under the data protection legislation records must be kept for seven years. This puts people here convicted of minor offences at a severe disadvantage with people in other European States.

Like most Members I agree with the thrust of the Bill. The Minister, Deputy Shatter, referred last night to the fact that the Bill makes no provision in regard to taxi licences or the private security industry. We all know of particular venues and taxi drivers in respect of whom there are issues in terms of their past. All of these matters must be addressed. People are afraid and we must ensure better regulation and disclosure in this area. The Minister also stated that the seven and five year rehabilitative periods are unduly long. The Human Rights Commissions has also expressed reservations in this regard. It is for these reasons the Bill is not being accepted.

I support the main thrust of the Bill, the outstanding points of which will be included in the amended Bill which will come before the Dáil. The sooner the better.

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