Seanad debates

Wednesday, 13 June 2012

Criminal Justice (Spent Convictions) Bill 2012: Second Stage

 

1:00 pm

Photo of Terry LeydenTerry Leyden (Fianna Fail)

I welcome the Minister of State, Deputy Kathleen Lynch, and the officials from the Department of Justice and Equality. I commend the Minister for Justice and Equality, Deputy Alan Shatter, for bringing the Bill into the House as quickly as he has. I also commend the officials for their work on this detailed and comprehensive legislation. The Bill, however, should be amended by Members because there is a tremendous and experienced pool in this House. As I was in the Minister of State's seat many times before, I understand this. I was anxious to amend Bills at the time and know the Minister of State is also of that opinion.

Interesting contributions have been made to the debate. I have noted the examples given of the effect this legislation will have on a person who committed a minor offence at a young age and thereby remove a lifelong burden. Seven years is a long time to pay after finishing a sentence. If a person reoffends, he or she is in serious trouble. It is a great incentive for someone with a minor criminal offence to ensure it never happens again.

Will the record of an offence covered by this legislation be removed from the PULSE system? I understand someone with a minor offence must decide if he or she qualifies to avail of the spent conviction provision. The Minister has given examples of how the system will work in the explanatory memorandum. Would it not be preferable to have a certificate from the Garda Síochána stating the conviction is spent? I know this would put extra work on the Department, but no one would object to paying a small or reasonable fee to cover whatever costs would be involved.

The Minister has stated there are certain jobs for which persons with a spent conviction may not qualify to apply, one being the Garda reserve. However, that should not be the case. It is a significant decision to inform a person he or she cannot serve in a particular position because of some minor offence committed in their youth. When I was first elected to the Oireachtas, I came across the case of a person who had applied to join the Garda Síochána, but he was deemed unsuitable because his uncle was selling An Phoblacht at the time. At the time An Phoblacht was neither profitable nor popular, but it has become so now. Sinn Féin was not in the same position it is in today. I went to the Garda Commissioner and the Minister on this outrageous action taken against the individual in question to have the matter resolved.

This is good and practical legislation which I am delighted to see being introduced. The views expressed in the House today are very sincerely held by experienced Members. I know the Minister of State and her officials, in particular, will take them into account.

Comments

No comments

Log in or join to post a public comment.