Seanad debates
Wednesday, 12 December 2012
National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage
12:55 pm
Jillian van Turnhout (Independent) | Oireachtas source
I seek clarification in respect of section 12(5), which states, "This section shall not apply to any employment, contract, permission or placement referred to ... that commenced or was entered into ... before the commencement of this section". I looked at that section and then read paragraphs (a), (b) and (c) of section 21(1), which refers to retrospective vetting. I believe these provisions contradict each other and I seek clarification to try to understand. I lack the Minister's legal expertise but a few people have asked me this question about the apparent contradiction within the Bill. I note section 21(1) goes on to state "where the person concerned has not previously been the subject of an application for vetting disclosure under this Act, not later than such period as may be prescribed, make an application for vetting disclosure ... in respect of that person". Consequently, it appears as though one part or the Bill states they are not. While I am absolutely sure the Minister can give me an answer to try to explain, I have read the provisions several times and believe they contradict each other.
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