Kathleen Lynch (Cork North Central, Labour)

The attitude to this Bill of the Government, particularly the Minister, Deputy Alan Shatter, is a demonstration of the fresh approach the new Administration is bringing to the business of the Dáil. As the Minister said last night, we will not adopt a knee-jerk reaction to sensible proposals from the Opposition benches. Indeed, we welcome such initiatives and will consider them on their merits.

Both Government parties supported this Bill on Second Stage in 2008. Therefore, we will not be opposing it tonight. Having said that, the Bill as published contains the same limitations and omissions that were highlighted during the debate in 2008 and again over the past two days. For that reason, the Government will publish a new and better criminal justice (spent convictions) Bill shortly.

During this debate, many Deputies have mentioned that as public representatives, we often encounter good citizens who have found that minor convictions from many years previously are following them and frustrating their efforts to gain employment. Those people, and society in general, will benefit if they can be fully integrated into society and be allowed to make a worthwhile contribution.

A small number of key variables distinguish this legislation and deserve to be debated. The first variable, critically, relates to the range of sentences the Bill will allow to become spent. Most people agree on that aspect of the matter. We all agree that convictions for sexual offences should never become spent. That is also the case for offences that are tried at the Central Criminal Court. There is common ground on the proposition that those seeking to work directly or indirectly with children or other vulnerable people must disclose their convictions.

There are differing views on the length of sentences that should be excluded from the benefits of this measure. The Bill before the House excludes sentences of more than six months from becoming spent. The Minister indicated last night that he is open to the suggestion that longer sentences should also be covered.

Another variable is the length of time that must pass before convictions can become spent. This Bill follows the Law Reform Commission recommendation that so-called "rehabilitation periods" of between five and seven years should elapse. A number of contributors have suggested that a minimum period of five years is too long. The Minister has made the case for a more nuanced approach. He has reflected on the observations of the Human Rights Commission and the Irish Penal Reform Trust in this regard.

The third significant variable is the list of excluded employments. The legislation we are considering excludes the entire civil and public service, in effect. This is excessive, as the Minister and others have said. It is difficult to sustain the argument that someone applying for a job in the private sector should not have to disclose a previous conviction, but the same person applying for a job in the public sector, regardless of its nature, should have to disclose such a conviction. The Government legislation will take a more measured approach to this issue.

The debate on this Bill has shown a maturity in the approach of this House to former offenders. We agree that crime must be prevented in the first instance and that where it occurs, the perpetrators must be brought to justice and pay their debt to society. On the other hand, there is general agreement that those who serve their sentences, particularly where minor offences are concerned, should not have the fact of their convictions hanging over them for the rest of their days.

I commend Deputy Calleary on bringing this Bill to the House. I thank the other contributors, including Deputy O'Brien, for their thoughtful contributions to the debate. I look forward to further debates when the Government legislation is published. I assure the House that the Government will approach the passage of that Bill with the same openness that has characterised its decision not to oppose this Bill tonight.

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