Séamus Kirk (Louth, Fianna Fail)

I am glad of the opportunity to pass some remarks on this important piece of legislation which was introduced to the House in Private Members' time by my party's spokesman on justice and law reform, Deputy Dara Calleary. The proposals contained in the legislation are urgently needed to address a number of issues that affect young, and perhaps not so young, people in society.

For a range of reasons, with which all of us in political life will be familiar, as will others, early in their lives many people commit minor offences that can land them in court with a consequent conviction and a blight on their character for the remainder of their lives. Having learned hard lessons and gained life experience, it can be very daunting for such people to try to regain their place in society's pecking order. Depending on the familial and societal positions of the individuals in question, it can be quite difficult.

It goes without saying one's self-esteem and peer status is helped enormously if one has an opportunity to get into gainful and meaningful employment in society. It is much easier to reintegrate into society if there is no prospect of a further offence. It is helpful if one's parents and other people are concerned about one's well-being in society. If one can get into employment, in effect it means the problem of recidivism does not arise in most cases.

I would like to speak about the reintroduction of this Bill. It is important to keep all of these things in perspective. This legislation does not entail any deletion of the criminal records held by the Garda Síochána. The record will continue to exist, but this Bill will specify circumstances in which the details of that record should not be disclosed. The Bill will apply only in cases where a sentence of imprisonment not exceeding six months, a fine or another penalty has been imposed.

I wish to set out the background to this measure. The 2007 Law Reform Commission report on spent convictions gave detailed consideration to the sentence threshold. Based on the experience of policy and practice in Ireland, a six-month threshold was deemed appropriate in our circumstances. The LRC report examined the issue and recommended the periods now proposed.

I noted that a conviction-free period is being proposed for these purposes. As Deputy Troy said, the relevant period that has been provided for in New Zealand is ten years. I suppose the proposal in this Bill takes account of the particular circumstances in Ireland. The Bill proposes that the entitlement not to disclose a conviction should be automatic as soon as conditions relating to excluded offences and employment, the sentence threshold and the conviction-free period have been observed.

The automatic application of these arrangements is preferable to a system that is more demanding of time and resources. It is clear that an application system that would entail applications to a court would present a real risk of drawing attention to a conviction that the person in question hoped was behind him or her. That would defeat the purpose of the legislation before the House.

Deputies on this side of the House are pleased that the Government recognises the urgent need for legislation, even if it does not intend to accept the Bill proposed by Deputy Calleary. We hope the Government's legislative proposal will mirror closely the key points of Deputy Calleary's proposal. If the Government assists those who have found themselves on the wrong side of the law for one reason or another in their early or not so early years, it will do a good day's work for society as a whole.

Many people can find it hard to get employment, perhaps for family, community or society circumstances. It is important that any barriers to employment prospects are removed. If this Bill helps in that regard, it will be most welcome and we will have done a good day's work for our community and for the economic well-being of the country. As a number of Deputies said, it will help considerably in reducing the cost of keeping people in prison, for example, by reducing recidivism and the subsequent commission of much more serious offences. It is important to have people in meaningful and gainful employment, in their own interests and the interests of the community and society as a whole.

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