Peter Fitzpatrick (Louth, Fine Gael) | Oireachtas source

The spent convictions Bill provides for non-disclosure of certain convictions where a person has not re-offended for a certain period of time. The Bill is intended to assist people with convictions by removing the requirement that they disclose past convictions when applying for a job. However, there are a number of exceptions to the general rules. For example, convictions for serious offences such as murder, manslaughter and rape, and convictions of sexual offences, may never become spent. Also, convictions resulting in a jail sentence of more than 12 months may not become spent. Furthermore, anyone seeking to work with children or vulnerable adults or in a sensitive position in the civil or public service will have to disclose their convictions. It applies to adults, and provides a non-disclosure regime similar to that applying to children under section 258 of the Children Act 2001.

The Bill applies to prison sentences of 12 months or less, or to lesser penalties such as the imposition of community services or fines. It is self-administered. A person does not need to apply to have a conviction declared spent.

Sexual offences and other serious offences that fall to be tried by the Central Criminal Court are excluded from the purview of the Bill. No more than two convictions during an individual's life may become spent.

The conviction free period that must be served before a conviction will become spent ranges from two years for a small fine to five years for a one year jail sentence. Anyone seeking to work with or provide services, for example, care and accommodation, to children under 18 or vulnerable adults will have to disclose their convictions.

A range of employments, including those relating to the security of the State, the administration of justice and other sensitive positions, are excluded from the provisions of the Bill. Convictions will have to be disclosed when applying for certain licences such as taxi licences, private security licences etc.

The Bill has retrospective effect and applies to convictions acquired in the period prior to its enactment. The Bill provides enhanced protection to children and vulnerable adults and is a balanced measure which helps offenders while protecting society where serious offences, including sexual offences, are involved. It makes it easier to access employment and should result in a reduction in recidivism while assisting with the rehabilitation of ex-offenders who have demonstrated a positive change in their ways to make it easier to access employment and reintegrate into society. The Bill is long overdue and brings Ireland into line with almost all EU member states by providing that persons convicted of certain offences can eventually leave the past behind to get on with their lives and integrate quickly back into society.

In 2011, there were 11,187 prison committals for sentences of up to 12 months, excluding homicide and sexual offences which are excluded from the provisions of the Bill. These represented 87% of all such committals in that year. The men are, by definition, in prison for serious offences and are not covered by the legislation. The main problem faced by ex-offenders are visa restrictions, access to employment, dismissal from employment, access to finance, access to insurance, education and a restriction on jury service. Improving access to employment is an important goal of the Bill. Evidence shows that having a job is a major factor in preventing future offending. Many offenders, however, face significant barriers to re-entering the labour market even where they are committed to changing their lives.

I finish by thanking the Minister for supplying a patrol car to the Garda station in Omeath, County Louth, which is a step in the right direction. I commend the Bill to the House.

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