David Stanton (Cork East, Fine Gael) | Oireachtas source

I am responding on behalf of my colleague, the Minister for Justice and Equality, Deputy Flanagan. I thank Deputy Burton for raising this important and interesting issue. As we all know, vetting in respect of certain employment is carried out by An Garda Síochána, primarily in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012. As the Deputy will appreciate, the primary purpose of these vetting arrangements is to seek to enhance the safety of children and vulnerable adults. In the previous Dáil, I was the Chairman of the committee that did pre-legislative scrutiny of this legislation. It was very interesting to see how it was supposed to operate.

Vetting is vital work that must be carried out rigorously. In accordance with the 2012 Act, registered organisations must obtain vetting for people seeking employment and volunteers, where the relevant work or activities of the position sought involves regular access to children or vulnerable adults. It is important to highlight that the meaning of "relevant work" in the context of the Act covers "any work or activity which is carried out by a person, a necessary and regular part of which consists mainly of the person having access to, or contact with, children". The protection of children and vulnerable people is of the utmost importance. The Deputy has mentioned recent issues that have been highlighted in the press and elsewhere. Strict and sector-specific vetting requirements are set out in the 2012 Act, which details the various facilities, establishments and situations in which an individual carrying out relevant work, as defined in the Act, would require Garda vetting.

The Deputy has asked specifically about the need to screen all staff who may come into contact with children in the arts and culture sector. The 2012 Act provides for a general obligation in the case of staff members for whom a necessary and regular part of their work consists mainly of their having access to children. I ask the Deputy to note that the Act includes as "relevant work" the provision of cultural activities to children, unless that "is merely incidental to the provision of" those activities to adults. For example, a person organising a one-off family arts event would not require Garda vetting, but a person employed to run a series of art workshops for children would need to be vetted.

A question frequently arises about the duplication of vetting. This is of interest in the arts and culture sector, in which an individual may provide a service to several organisations. The Act provides for a degree of flexibility, which helps to decrease the administrative burden for relevant organisations. The 2012 Act provides for certain limited circumstances in which organisations can share a single vetting disclosure if this is agreed to by the vetting applicant. It also makes specific provision in respect of people who may be employed on a recurring but non-continuous basis. Having said that, we must always be careful to ensure vetting disclosures are up to date to take account of the most recently available information. The Garda authorities continue to engage with registered organisations to maintain standards and promote best practice in vetting.

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