Dáil debates

Tuesday, 12 March 2013

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Second Stage (Resumed)

 

8:10 pm

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

Yes. I welcome the opportunity to speak on the Criminal Justice (Spent Convictions) Bill 2012, and I commend the Minister for Justice and Equality on bringing it before the House. The purpose of the Bill is to provide for the non-disclosure of certain convictions where a person has not reoffended for a certain period of time. That is to be welcomed.

In the past three years I have encountered a number of cases where people have experienced major difficulties when applying for jobs due to relatively minor offences on their criminal record. Obviously, if a person breaks the law, regardless of how minor the offence, he or she deserves to be punished. There should be no ambiguity about that. However, we can all make mistakes, particularly when we are young, and it is important that those mistakes are not held against a person for the rest of their lives, thus impinging on future career opportunities.

It is important to point out that convictions for serious offences such as murder, manslaughter and sexual offences may never become spent. Convictions resulting in sentences of more than 12 months may not become spent either, and not more than two convictions in a person's life may become spent. On that basis the Bill cannot be described as an effort to assist hardened criminals, but rather an attempt to ensure that persons who commit minor one-off offences are not stigmatised when seeking employment in the future. Essentially, the spent convictions Bill is providing people with a second chance.

A young person called into my office recently regarding a Garda vetting application. The person in question had an intoxicated in a public place offence dating back to 2004. At the time the case was struck out of court and there was no conviction against the person. However, the offence still appeared on a Garda vetting application, which was a cause of great distress and embarrassment to them. I am aware that matters relating to Garda vetting applications are somewhat different from the spent convictions Bill about which we are speaking. However, that is a clear example of a case where a relatively minor offence will be held against a person for the rest of their life. That is relative in the context of today's debate.

One of the main purposes of the spent convictions Bill is to help with the rehabilitation of ex-offenders who have demonstrated a positive change in their ways by making it easier for them to access employment and reintegrate into society. With regard to the case to which I referred, the offence took place nine years ago, and there was no conviction. On that basis, it seems unfair that that information should have to be disclosed when applying for jobs in the future.

Other cases have been brought to my attention involving details appearing on Garda vetting disclosures where the Probation of Offenders Act was applied in the court. When a charge is dismissed under the probation Act, it is effectively a non-conviction and can only be used against a person if they are brought into court on a second or subsequent occasion. Judges, therefore, operate in the District Court on the basis that the probation Act does not affect a person's record and will not hinder future employment or travel opportunities. However, I have been advised of cases where Garda vetting applications have disclosed matters where the probation Act was applied. That impacts on a person's employment prospects and appears to be contrary to what judges and solicitors understand as being the consequence of applying the probation Act.

It seems to be unfair that persons who have been given the opportunity by the courts to have a clear record subsequently have that chance taken from them by the Garda vetting office. The obvious solution would be to amend Garda vetting policy to exclude any offences which were dismissed under the probation Act. The Minister might provide some clarification on that issue as it ties in with the main thrust of this Bill.

I welcome the Bill. It is a step in the right direction and it will bring Ireland into line with other EU member states. Essentially, it provides persons convicted of certain offences with a second chance, and it will be welcomed by those people who will now have the opportunity to leave past misdemeanours behind them and get on with the rest of their lives.

Comments

No comments

Log in or join to post a public comment.