Sandra McLellan (Cork East, Sinn Fein) | Oireachtas source

I welcome the opportunity to speak on this issue. Sinn Féin welcomes the proposed introduction of this Bill. Unfortunately, as a State and society we are all too aware of our abysmal record in terms of the protection of children and vulnerable adults. Therefore, any measures, especially legislative measures, which aim to safeguard and protect the above groups are very significant and important.

The proposed legislation is an indication that, perhaps finally, the State is prepared to live up to its statutory, societal and legislative responsibility in this area. By providing a statutory basis for the existing procedures whereby the Garda criminal records database is used to vet people working with children or young adults, this Bill should act as a deterrent against those who would seek to exploit and abuse vulnerable groups.

As it stands, approximately 300,000 vetting applications are processed by the Garda vetting unit each year. The Bill will make it mandatory for persons working with children or vulnerable adults to be vetted, whereas currently this is done on a voluntary code.

In providing for the use of so-called soft information in such vetting, in other words, information other than a court determined criminal record, the Bill allows local knowledge to be marshalled in the interest of child safety. However, while Sinn Féin welcomes and supports this legislation, it does so with the understanding that certain important safeguards will be provided for in the Bill. Exceptionally in the interests of child protection, Sinn Féin will in this instance allow for the use of soft information. However, the party feels strongly that any such measures must also ensure full human rights and data protection compliance. Further to this, the rights to a good name and to a livelihood of the person being vetted must be balanced with the rights of the children to the highest standards of child protection. The right to one's good name is covered by the International Covenant on Civil and Political Rights and also in Article 6 of the European Convention on Human Rights, and as such is part of Sinn Féin policy. Moreover, this right contains within it the benefits of the presumption of innocence and protection of one's good name and livelihood.

I reiterate that Sinn Féin welcomes and supports this Bill. However, we do so under the assumption that how the Garda vetting unit gains, stores, reproduces and accesses soft information is subjected to clear safeguards, limits and controls, all of which must be monitored by an independent body.

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