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

To reiterate, particularly to Deputy Wallace, we are ensuring the vast majority of offences which come under the legislation, which are motoring and public order offences, even where there are multiple offences, can be considered spent after seven years. We want to increase the number of convictions which can be spent. With regard to the other offences, obviously from the point of view of employment it goes without saying people with convictions can apply for jobs. Where no third party is involved, such convictions can be covered, even if committed on multiple occasions, after seven years. What we are saying is where there is a pattern of multiple offences against other persons, such as where there is theft, assault or robbery, the rights of employers comes into play, and the right of an employer to know this.

With regard to the period of seven years, we have not done this lightly. We have had much discussion with the Department of Transport, Tourism and Sport. To take up Deputy Pringle's point, SI 697/2011 deals with serious offences with regard to drivers. At present in the regulations a conviction must be declared for ten years, so if we wanted compatibility between what is in the legislation and what is in the transport legislation we could have provided for ten years. It is 11 years in the UK, by the way. The Department of Transport, Tourism and Support has agreed to reduce it in the statutory instrument to seven years

I am very pleased we are progressing this legislation. It is important that people have this opportunity, as has been stated by a number of Deputies, to wipe the slate clean and have the benefit of such legislation.

That is going to be the case in respect of the great majority of offences. This legislation covers over 80%. However, we are speaking about other, more serious offences where there is third party impact. Four years would cover armed robbery, for example, and I do not think anybody would say that conviction should be spent after seven years. One can argue about the time periods and the offences, but what we are putting forward has come about as a result of a great deal of discussion. This legislation has, unfortunately, been much delayed. I am pleased to be able to bring it to the House today and I think the amendments we are making will make a difference. I am sure Deputies in the House today have received many representations in respect of this Bill because, as Deputy Wallace and others have said, it impacts on behaviour when people were much younger. They just want to move on and feel the present requirements regarding disclosure are quite a heavy burden. Having the spent convictions legislation now means that after a certain period they effectively will not be disclosed, apart from the exceptions I have spoken about.

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