Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

Unfortunately I am unable to accept amendment No. 3 for a number of reasons. It should be borne in mind that section 15 also provides that any specified information can only be disclosed where it is relevant and proportionate and where the rights of the person have been taken into account in a manner consistent with fairness and natural justice. The amendment would require unnecessary bureaucracy as it would require the vetting bureau to keep a written record of the reason it is conducting a search of the Garda PULSE database every time it does so. The amendment would require the Garda to know in advance whether a particular item of information is relevant to the employment or activity for which the person has applied. This is not possible. It is only when a garda checks the records with regard to an individual that he or she could possibly know whether any particular record is relevant. The amendment would also contradict the underlying principle of the Bill which provides it is the employer and not the vetting bureau which must assess the relevance of any criminal record information to the particular employment or activity in which the individual seeks to engage or be employed.

I am also unable to accept amendment No. 4 as it is unnecessary. The Data Protection Acts already apply to criminal records data and the specified information database. The vetting unit is registered with the data protection commissioner in accordance with the Data Protection Acts, and its procedures for storing and accessing data are already subject to the oversight of the data protection commissioner in accordance with this Act. The data protection commissioner has also been fully consulted with regard to the provisions contained in the National Vetting Bureau (Children and Vulnerable Persons) Bill before the House.