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Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 63:In page 9, to delete lines 38 to 48. The purpose of amendment No. 63 is to delete a provision which would allow certain categories of work not already listed in Schedule 3 to the Bill to be excluded from the Act by order of the Minister. I am proposing this amendment, as the Minister responsible, because any such extension should be brought before the Oireachtas by...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: If Deputy Sullivan is not in the House, can they still be moved?

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: While I agree with the principle behind amendments Nos. 68 and 75 in the name of Deputy O'Sullivan, these amendments are also unnecessary. I wish to make an important point to the House. Information relating to cautions, investigations without charge and dismissals under the Probation Act 1907 are already covered by the Data Protection Acts. Section 2 of the Data Protection Act provides...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 65:In page 10, between lines 1 and 2, to insert the following:“ “Act of 2012” means the National Vetting Bureau (Children and Vulnerable Persons) Act 2012;”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 66:In page 10, line 15, to delete “relevant work” and substitute “specified work or relevant work”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 67:In page 10, line 17, to delete “relevant work” and substitute “specified work or relevant work”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 69:In page 11, to delete lines 11 to 14.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 70:In page 11, line 15, to delete “Act” and substitute “Part”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 71:In page 11, line 16, to delete “Act” and substitute “Part”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 72:In page 11, line 19, to delete “Act” and substitute “Part”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 73:In page 11, line 21, to delete “Act” and substitute “Part”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 74: In page 11, line 23, to delete “Act” and substitute “Part”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 76:In page 11, to delete lines 24 to 29.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 77:In page 11, after line 29, to insert the following: “PART 3 AMENDMENT OF ACT OF 2012Definition for purposes of Part 15.In this Part “Act of 2012” means the National Vetting Bureau (Children and Vulnerable Persons) Act 2012.”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 78:In page 11, after line 29, to insert the following:“Amendment of section 3 of Act of 2012 16. Section 3(1) of the Act of 2012 is amended by —(a)the substitution of “or vulnerable persons;” for “or vulnerable persons.”, and (b)the insertion of the following paragraph after paragraph (c):“(d) the employment of, or...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 79:In page 11, after line 29, to insert the following:“Amendment of section 7 of Act of 2012 17.Section 7 of the Act of 2012 is amended, in subsection (2)(f), by the substitution of “scheduled organisations” for “scheduled bodies”.”. This is a minor drafting amendment to ensure consistent use of the term "scheduled...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 80:In page 11, after line 29, to insert the following:“ Amendment of section 9 of Act of 201218. Section 9 of the Act of 2012 is amended —(a) in subsection (3), by the substitution of the following paragraph for paragraph (k):“(k) subject to subsection (9), in a case where he or she has a criminal record, particulars of such record;”, and(b)...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 81:In page 11, after line 29, to insert the following:“Amendment of section 12 of Act of 2012 19.Section 12 of the Act of 2012 is amended by—(a) the insertion of the following subsection after subsection (3):“(3A) Where 2 or more relevant organisations jointly agree in writing to the employment, contracting, permitting or placement of a person to...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: No.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I have good news in respect of these amendments and the spirit of these amendments in terms of some recent developments. Each of these provisions has merit and I am fully in agreement with the spirit of the amendments. However, I intend to make these provisions outside this Act. I will go through the detail in order that Deputies are aware of the particular issues involved. Obviously,...

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