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Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: I am satisfied that the organisations registered have been properly registered by the vetting bureau. I cannot predict whether some organisation may do something incorrectly in the future or if it will fall outside the ambit of the legislation. For example, an organisation could be registered and cease to be engaged in dealing with issues relating to children or vulnerable adults....

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: I move amendment No. 9: In page 12, lines 36 to 43 and in page 13, lines 1 to 5, to delete subsection (3) and substitute the following:“(3) A nomination referred to subsection (1) shall be in such form as may be specified by the Bureau and shall include the following information in respect of the person nominated:(a) his or her name and, where he or she also uses one or more other...

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: Anyone in the State seeking to work with children or vulnerable adults in the circumstances detailed in the Bill must be vetted. The committee will discuss the Deputy's amendment later which includes the word "nationality". I am advised that it is not necessary to include it, but I will give the matter further thought before Report Stage, although it is not something the vetting bureau...

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: It may well be that the bureau is asked to vet someone but needs additional information which may well be distinguishing information. Three people could share the same name and the bureau would need to ask questions to seek clarification. For example, there might be a criminal record on the PULSE system and let us assume a popular name is John Murphy. There may be ten men by the name of...

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: That issue could fall under the same heading.

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: With regard to including the term "nationality", we have not yet discussed amendment No. 14. Are we discussing it in this group of amendments?

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: I shall respond formally to it. The effect of amendment No. 14 would be to require the bureau to make inquiries of police forces in other states.

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: I am sorry. I was looking at amendment No. 15 to section14. We have dealt with amendments Nos. 10, 12 and 14.

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: I move amendment No. 11: In page 14, lines 1 to 20, to delete subsection (2) and substitute the following:“(2) The register of vetted persons shall contain the following information in respect of each vetted person:(a) his or her name and, where he or she also uses one or more other names, each of those names; (b) in a case where he or she has a former name, including where...

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: I move amendment No. 13: In page 16, lines 10 to 22, to delete subsection (5) and substitute the following: “(5) The following information is specified for the purposes of subsection (4)(b) in relation to a person in respect of whom an application for vetting disclosure is made:(a) his or her name and, where he or she also uses one or more other names, each of those names; (b) in a...

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: This is an interesting amendment. In practical terms, the Garda has informal relationships with a variety of police forces around the world for vetting purposes. We cannot compel the police force of any other country to co-operate with us, but a number do. If we receive similar requests, we also co-operate. The Deputy is seeking to amend the section to provide expressly for something that...

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: I agree that we must adopt a precautionary principle. There is no doubt that the State, like every other state, has had the experience of individuals coming here with significant criminal records, some of them horrific, who have perpetrated horrendous crimes, including rape and murder, in this country. We are all aware of a number of cases in which that has occurred. However, in the...

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: The Deputy can resubmit any amendments we have not voted on and if we agree with the Deputy's amendment on Committee Stage, we will bring forward a similar amendment on Report Stage. I do not mind whose amendment we use if we get advice from the Attorney General that we are not creating any unintended consequences.

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: The bureau will access the PULSE system on which convictions or pending prosecutions are recorded. In effect, gardaí record the information and there is no reason for the vetting bureau to access it unless a vetting request is submitted for someone who has applied for a post involving children or vulnerable adults.

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: The suggestion is that if someone has been vetted, deemed suitable and given employment, should something emerge later on that indicates unsuitability, the vetting bureau would report that to the employer or sporting organisation. I would ask for the opportunity to consider that. There may be difficulties as a result in the sense that we could not have a situation where if an incident...

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: That is the principle.

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: There are what I describe as due process provisions expressly contained in the legislation. For example, in relation to dealing with soft information, the person being vetted must be informed about what information is available and be given the opportunity, through the processes prescribed in the legislation, to address it if he or she believes it to be untrue or inaccurate in some way. ...

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: I move amendment No. 17: In page 19, subsection (4), line 46, to delete “subsection (2)” and substitute “subsection (3)”.This amendment simply corrects a cross-referencing error in the Bill and has no other function.

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: I move amendment No. 19: In page 25, subsection (1), line 37, to delete “16(3)” and substitute “16(4)”.This is a technical amendment to correct a cross-referencing error in the Bill.

Select Committee on Justice, Defence and Equality: National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage (17 Oct 2012)

Alan Shatter: I move amendment No. 21: In page 28, lines 39 to 44, to delete paragraph 6 and substitute the following:“6. Any work or activity which consists of the provision of advice, guidance or developmental services (including by means of electronic interactive communications) to children unless the provision of the advice, guidance or developmental service is merely incidental to the provision...

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