Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank Deputies for their contributions. Different sentences are handed down for offences in the North and the United Kingdom and different regimes are in place for spent convictions. In the United Kingdom, for example, a four-year limit applies to spent convictions but only non-custodial sentences become spent under the UK system. The provisions in the Bill are more generous than the provisions in place in Australia and New Zealand where only non-custodial sentences are spent. As such, different regimes are in place in respect of the length of time involved.

Deputy Niall Collins asked why a cut-off point of one year was selected. As I indicated, the 12 month cut-off point covers more than 85% of all custodial sentences handed down by the courts. The proposed amendments to the Betting Act, which I will introduce later in the debate, will provide that certain District Court convictions will not be disclosed by the Garda vetting unit. These include any motoring offence more than seven years old and minor public order offences more than seven years old. In addition, where a person has only one District Court conviction other than motoring or public order convictions, that conviction will also not be disclosed after seven years. Some exemptions must apply, however. Convictions for sexual offences will be disclosed and all convictions for offences which would provide a bona fide concern that a person would pose a threat to a child or vulnerable person will continue to be disclosed. These offences are listed in Schedule 3, which will be added to the Act in amendment No. 92.

The effect of the provisions is that a large percentage of convictions will no longer be disclosed in Garda vetting disclosures. A pilot project on this issue was carried out in the past year and worked out well.

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