Seán Kyne (Galway West, Fine Gael) | Oireachtas source

One consequence of the intense focus on the financial and economic crisis of recent years is the time and energy consumed in the Oireachtas at the expense of other less important or significant legislation. That is despite the fact that the 31st Dáil is meeting more often than any since the 1920s.

The Law Reform Commission, a State agency which undertakes exceptionally important work, can devote time to carefully scrutinising and examining the law to ensure its relevance and practicality. In 2007, the commission produced its report on spent convictions and it is regrettable that it has taken six years for it to reach this point in the Oireachtas.

The Criminal Justice (Spent Convictions) Bill will draw on the practice that currently operates in many other European and OECD countries. It recognises the central point that as human beings we all make mistakes. The Bill will bring an end to circumstances in which a citizen is forced to experience the consequences of having committed a misdemeanour or small offence for many years after conviction. As Deputies, we often draw on the experience of constituents who have come to see us. Daily contact with constituents is vital. Shortly after the general election of 2011, I met a constituent and gained a deeper understanding of the issue before the House. The constituent had been involved as a young man in a petty criminal act and was still suffering the effects of having received a non-custodial sentence well over a decade later. He had long since realised the seriousness not only of the initial crime but also of its consequences on his everyday life.

Our criminal justice system is based on the premise that a person convicted following a fair and transparent trial pays his or her debt to society through a custodial or non-custodial sentence. The hope is that a person can move on once that debt has been repaid. In practice, however, the requirement that a citizen must disclose any conviction irrespective of how much time has elapsed or the nature of the offence constitutes a life sentence. The current practice hardly assists in rehabilitating and reintegrating offenders. Previous convictions affect, among other things, access to employment, finance, education and travel visas for thousands of citizens. The simple truth is that a person should not have to pay indefinitely for a crime that was not of a serious nature. The Bill will achieve that goal.

Examination of the Bill reveals the careful consideration that has been given to its construction. The Bill will benefit citizens who have made a mistake and will not help career criminals. It will apply to prison sentences of 12 months or less and suspended sentences of up to 24 months. Importantly, the Bill excludes more serious offences such as murder, manslaughter, rape and other sexual offences to protect the public. Further welcome provisions safeguard vulnerable people, including children, by ensuring that it remains obligatory to declare any such convictions when applying for certain jobs. The Schedule of the Bill sets out clearly and directly the duration of the relevant time periods that must elapse before a conviction can be considered to be spent. It also differentiates clearly between the conditions that apply to custodial sentences and those that apply to sentences of a non-custodial nature. This clarity cannot be overvalued in circumstances in which the provisions of the Bill will be self-administered and there is no application process or procedure.

While there has been and will continue to be much debate on the future of the Seanad, I am encouraged to see that the Minister for Justice and Equality, Deputy Alan Shatter, took the opportunity provided by Seanad debates to make amendments tabled by himself and by Senators. The amendments have improved the effectiveness and value of the Bill. It is certainly more generous and nuanced that any of its predecessors. The Criminal Justice (Spent Convictions) Bill achieves the balance required to safeguard the public, particularly its vulnerable members, while ensuring that a citizen who has received a less serious conviction can move on with his or her life. I welcome the Bill, which I hope will become law without delay. Many honest and reformed citizens await its enactment.

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