Dáil debates

Wednesday, 6 July 2022

Saincheisteanna Tráthúla - Topical Issue Debate

An Garda Síochána

8:47 pm

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

I thank the Ceann Comhairle for selecting this item and the Minister, Deputy McEntee, for being here to respond. I think this issue is fairly simple to rectify. It should not cost any money.

I have been approached on behalf of students working on ships who are required to go to sea in a training capacity. Many of these companies operate in Europe and are not registered here, but they require police certificate clearance. Police certificates state whether somebody has a criminal record. They are issued by the Garda in certain circumstances, solely for the following purposes. One is for foreign consular authorities, foreign visa applications, naturalisation applications and so on. Other reasons include establishing and registering a business in another EU member state; employment in EU institutions; and for development and humanitarian aid workers deployed overseas on behalf of an NGO. Another one, which I thought might be used in this case, is Irish citizens participating in or engaging in an accredited academic programme on a full-time basis for a minimum period of one academic year with a recognised third level education institution in the host state outside this jurisdiction.

Basically, these certificates are sought in other countries when people go abroad to work or live. None of those five criteria can be used for the purposes I am requesting.

Other jurisdictions issue police certificates for the purposes of training on ships but we do not do so here. The student in question was sent off to maybe get Garda vetting. However, Garda vetting is only used for people who work in Ireland with vulnerable children or adults. That will not work for the student. The final option is a subject access request. This comes under the GDPR regulations. This could be obtained but it specifically states that it is not a police certificate, nor is Garda vetting. The students I am talking about are stuck. They cannot get their berths on a ship to complete their training. I suggest that the Garda Commissioner and Minister make one small change to the five conditions by adding in this one. In other jurisdictions, if employers in foreign countries look for a police certificate, they can get it. That is not the case in Ireland.

I do not know what underpins these police certificates, whether it is legislation or regulations, and who decides on these five criteria. I have been chasing this matter for a while and I have not been getting very far. At the same time, the students in question are totally frustrated and may not be able to complete their training. Cobh is in my constituency and we have more and more cruise liners coming in to the harbour, up to 100 per year. There are lots of companies involved and there are fantastic opportunities for our young people. Ireland is a seagoing nation, or we should be because we are surrounded by water.

I ask that the Minister use her good offices with the Garda authorities to make these changes to allow these certificates to be issued to students in the circumstances I have outlined. It would make a huge difference to their lives and careers, would not cost any money and should fit in, broadly speaking, with the criteria already outlined. I look forward to the Minister's response.

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