John O'Mahony (Mayo, Fine Gael) | Oireachtas source

As Deputy Olivia Mitchell said, there have been a number of attempts to introduce such a Bill. I acknowledge Deputy Dara Calleary's Private Members' Bill. The Bill is welcome in that it provides persons convicted of certain offences with an opportunity and an incentive to move on with their lives after taking the punishment for their crimes. The Bill is not soft on crime, rather it gives some people a second chance. They will not be stigmatised for life for making one mistake which may prevent them from gaining employment. The Bill will allow such persons to put the past behind them and move on with their lives. They will have the opportunity to prove they have reformed and be enabled to lead a crime-free life in the future.

The Bill includes checks and balances to ensure its provisions cannot be used as an escape route for the disingenuous. The spent conviction provision can only be exercised twice in a lifetime. The Bill also excludes a range of employments, including those relating to the security of the State or the administration of justice and an application for certain licences. It will apply retrospectively. Those with spent convictions are excluded from seeking to work with or providing services for children or vulnerable adults. The Bill will not delete a conviction from the public record but provides that an employment opportunity will not necessitate the raking up of the past, so to speak. It is very sensible legislation. A lengthy time period is provided for between the imposition of the conviction and when it can be considered spent. The provisions do not apply to any sentence of more than 12 months.

The Bill will be of benefit to once-off offenders who, as a result of myriad circumstances which may be drink-related, are convicted in the District Court. It caters for those convicted who realise the gravity of their situation. Their long-term employment prospects are damaged and travel to certain countries becomes an issue. That moment of madness will come back to haunt them and this legislation will allow them to move on with their lives.

I agree there is a need for deterrents, which are the responsibility of the courts. There has to be a balance in the justice system between showing no mercy to hardened criminals who show neither remorse nor a willingness to mend their ways and must be removed from society and, on the other hand, helping and supporting those who want to have a second chance to demonstrate that they have mended their ways. In that context, a few weeks ago in the House I raised the matter of career criminals continually being given free legal aid. This is the other end of the spectrum. There is a need for some deterrent for criminals who show no sign of mending their ways and who must be punished. They should not be permitted to continually milk the scarce resources of the State.

I noted that Deputy Luke 'Ming' Flanagan had harsh things to say about the Garda Síochána. As someone who has a few penalty points, I never asked and never received an offer to have them expunged, nor do I believe I should have been. The Garda Síochána is fair game and has come in for severe criticism. From experience, I am aware that gardaí do their duty to the highest standard. As with every other group, however, there are exceptions to the rule. That is why the Garda Ombudsman Commission is in place. It must be remembered that people have been dismissed from the force. I am reminded of what occurred in the case of clerical child sexual abuse. The vast majority of gardaí carry out their duties to the highest possible standard, as is the position in the case of the vast majority of priests.

We sometimes tend to throw the baby out with the bathwater. There is a need to achieve a balance and the Bill has a sense of balance. It will give people a second chance and provide them with an opportunity to prove that they have moved on and get their lives and the lives of those around them back on track. I commend the Bill to the House.

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