Thomas Pringle (Donegal South West, Independent) | Oireachtas source

Amendment No. 8 relates to what the Minister has been saying about the term of a conviction that can become spent. Her argument on the period of 48 months does not really hold up. This legislation is trying to bring us into line with what other countries have determined in respect of how spent convictions can actually be dealt with. When this Bill was first introduced, in 2012, it was argued that a period 12 months was not long enough. We were talking about two years. Things have moved on considerably, even since 2012. As the Bill stands, if we stick with a period of 12 months, we will actually be 35 or 40 years behind our nearest neighbours, the Six Counties and Great Britain, with regard to what kind of custodial sentence can be viewed as spent. It is not reasonable to argue some very serious offences could be spent if we stuck to a term of 48 months. The Department has three or four years to review this Bill. It is that long since we dealt with Second and Committee Stages but I am sure the Minister could have devised a way to allow serious convictions, such as convictions for the possession of firearms or drugs, not to be classed as spent. It would have been technically possible to achieve that.

The actions of an individual who received a custodial sentence for an offence committed at a difficult time, perhaps in his late teens or early 20s, may be regarded as completely out of character years later. However, such an individual is not able to move on at any stage and that is why we should consider being progressive and having a period of 48 months. I had supposed the very idea behind the Criminal Justice (Spent Convictions) Bill was to allow people to be rehabilitated, move on and recover their lives. People who have a conviction dating back perhaps 40 or 50 years are still being penalised. I know of an individual in his early 60s who was convicted 44 years ago but who cannot get insurance today as a consequence. These are the kinds of circumstances we should be examining. Those who receive a conviction at a difficult time in life have to live with it for the rest of their lives. We could really have found a way to ensure sentences of up to 48 months, excluding for very serious convictions, such as for armed robbery or the possession of firearms, could have been excluded. I am sure the Department had the wherewithal to do that.

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