Tony McLoughlin (Sligo-North Leitrim, Fine Gael) | Oireachtas source

It is often remarked by people that if we had such a law 30 years ago, it would have saved a lot of people from misery and harm. How true that is when we consider the legislation before us. When I hear the Opposition, including Fianna Fáil, which was in power for 14 years, criticise this legislation, I recall that the Oireachtas joint committee responsible for the constitutional amendment on children recommended that legislation be published not later than September 2008. This never took place. Therefore, I welcome what the Minister, Deputy Shatter, is doing. If the structures proposed in this Bill had been in place since the foundation of the State more than 90 years ago, many whose lives were broken would have been saved from evil human predators. So many people in the top social classes were allowed gainful employment as teachers, minders, doctors, carers and sport instructors. Some of these very people engaged in horrible behaviour and wilfully abused vulnerable children and people with special needs.

As the House is well aware, vetting procedures are already a requirement under the Children First national guidelines. Approximately 300,000 vetting applications are processed by the Garda vetting unit each year. This is an enormous number. I have been aware of the many delays in processing these applications but believe the process has speeded up. I commend the Minister for Justice and Equality, Deputy Alan Shatter, who has responded to vetting concerns by increasing the staff at the Garda vetting unit. There are a total of 89 gardaí and civilian personnel assigned to the unit, which provides its service to more than 18,000 organisations. I encourage the Minister to ensure the new bureau will be sufficiently staffed to ensure there will be no undue delays in the processing of applications. I urge the Government to be aware that jobs could be lost if there is to be a prolonged waiting period for clearance from the new national bureau.

The primary purpose of the Bill is to put into law the procedures that have been developed to vet applications. More important, the Bill makes it mandatory for persons working with children or vulnerable adults to be vetted. At present, this is done on the basis of a voluntary code. I have no doubt the current number of applications will probably increase by 40% to 50%, which is all the more reason to ensure there are sufficient personnel to run the bureau. I welcome the fact this Bill will create offences and penalties for persons who fail to comply with the provisions, as set out, including employers.

The Bill provides for the use of certain other information in regard to vetting, which is referred to as "specified information" in the Bill. Specified information is information other than a court-determined criminal record. I welcome the fact that information emanating from investigations by the Garda or, in particular, the HSE, which may not have been followed by a criminal conviction, can be used in the determination of whether one is suitable as a worker with children or vulnerable adults. Similar conclusions arising from fitness-to-practice inquiries by statutory bodies, such as those conducted by the Irish Medical Council or Teaching Council, can also be considered by the bureau.

Over the years, gardaí investigated cases in which a victim made a case against a person but later withdrew it when he or she felt he or she could not countenance a court case. In such circumstances, there may be genuine concern that a person without a criminal record poses a threat to children or a vulnerable person. Some people may be concerned that disclosure in this regard is a step too far. However, the legislation provides that where a member of the bureau staff considers there is specified information in regard to the applicant, it will be referred to the chief bureau officer for assessment as to whether the information should be disclosed.

Section 15 sets out the procedures to be followed by the chief bureau officer in assessing specified information for the purpose of its inclusion in a vetting disclosure. This includes a provision that the vetting subject must be provided with a summary of the information and must be informed of his or her right to make a written submission in regard to the information. A subsequent decision to disclose the specified information requires the chief bureau officer to believe that the information in question is of such a nature as to give rise to a bona fide concern that the vetting subject may harm, attempt to harm or put at risk of harm a child or vulnerable person. The chief bureau officer must also be satisfied that the disclosure is necessary, proportionate and reasonable in the circumstances, and relevant to the position for which the person is applying.

The Bill, in section 18, sets out in detail the manner of an appeal. This is fair and one can appeal on a point of law to the High Court, whose determination is final and conclusive.

I welcome section 20, which provides for the periodic re-vetting of persons previously vetted for their current position. This will ensure we maintain the safety of our children and vulnerable adults and will not allow an accredited person to get away with what the authorities believe to be inappropriate behaviour in another part of the country. A person will not be allowed to continue in his position without being checked periodically.

The Schedule to the Bill lists in detail the types of jobs or activities that require vetting. These include quite obvious positions, such as those in child care services, schools, residential services or accommodation for children or vulnerable persons, and other positions not as obvious, such as those involving the provision of leisure, sports or physical activities for children and the promotion of religious beliefs.

This Bill is to be balanced and I am sure it will be widely supported across the House considering many of the recommendations were from the 2008 Oireachtas joint committee's interim report, which recommended that legislation be introduced to further share and control information and further protect our people.

See this speech in context