Dáil debates

Thursday, 19 February 2015

Other Questions

Spent Convictions Legislation

10:40 am

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

11. To ask the Minister for Justice and Equality the current delay in completing Report Stage of the Criminal Justice (Spent Convictions) Bill 2012. [6984/15]

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

It is over a year since the spent convictions Bill was to be brought back for Report Stage. The UK Court of Appeal case the Minister referred to as delaying it was upheld by the Supreme Court in the United Kngdom over six months ago. She will be aware that Deputies and Senators are repeatedly getting representations from people who a long time ago were involved in some misdemeanour that is affecting their ability to move on with their lives and avail of employment. We must pass this Bill. There is an urgent need to resolve the issue as soon as possible.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I recognise the interest in this House in the Bill and the need to have it enacted. I intend to bring the amendments to the House before the summer. There was a new situation, following on from the case to which the Deputy referred, before the Bill could be taken on Report Stage. A 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That review has been completed and amendments to the vetting Act and consequential amendments to the spent convictions Bill are being drafted. I recognise how important this is for individuals and the difference progressing this legislation could make to their lives. The amendments are being worked on and I will be bringing them forward before the summer.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

There is obviously a very lengthy pipeline of justice Bills. I urge the Minister to ensure these amendments are through by the summer and that the Bill is moved through the Houses. Some of the people to whom I have spoken are the most upstanding citizens, but sometimes when one is younger, one might have got involved in a scuffle on the street and done something stupid. That should not prevent one from moving on with one's life. This really does cause distress. The whole idea of society is that when people make a mistake, they pay their debts, are rehabilitated and then have the right to start again. This Bill was welcome and I just want to see it progressing. I appreciate the Minister's assurance that it will be dealt with by the summer, all I am asking is that it be fully honoured and delivered.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I agree with the Deputy. This is a very important Bill, particularly for people who may have been convicted of a minor offence many years ago in a District Court, which has hung over their entire life. That is why we have brought in this legislation and I will have the amendments before the House in this term. Section 3 provides that certain employments are exempt from the Bill. These include any work with children or vulnerable adults, employment with the Defence Forces, employment with An Garda Síochána, other criminal justice appointments, and Central Bank or NTMA appointments. Section 10 of the Bill also provides that spent conviction provisions do not apply to certain applications for licences such as firearms licences, taxi licences, PSV or road haulage operator licences, and so on. I think people would understand this. I am not amending those provisions, but I have a number of amendments that had to be made following on from the Court of Appeal decision in the United Kingdom. They are being drafted and I will ensure we will have it before the summer.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
Link to this: Individually | In context | Oireachtas source

The time for parliamentary questions has expired, so we must move on.

Written Answers follow Adjournment.