David Cullinane (Sinn Fein) | Oireachtas source

I welcome the Minister of State to the House for this important legislation which, as Senator van Turnhout stated, will be supported from all quarters in the House even if we have amendments which seek to strengthen it. On Second Stage I gave a very broad welcome to the Bill because regardless of the differences we may have with regard to its limitations we should all see it as part of a package of measures which is necessary to integrate prisoners back into society and into employment, which is important.

The Bill provides for a non-disclosure regime whereby certain convictions are considered spent or do not have to be disclosed to a prospective employer after a period of conviction-free living. The time limit is 12 months and I share the concern expressed by Senator van Turnhout that the Bill is a little too conservative. In his Second Stage contribution, the Minister stated the Bill was liberal. I do not believe it is and I agree with many of the concerns expressed by the Irish Penal Reform Trust that at a minimum the time limit should be 30 months. Although our amendments reflect the 30 months which, as Senator van Turnhout stated, was the middle ground, I understand my party colleague in the Dáil, our spokesperson on justice, Deputy Pádraig Mac Lochlainn, will seek an extension to 48 months. We must listen to what the Minister of State has to say today and hear her arguments.

When the 2007 Bill was presented to the Dáil we and the Labour Party criticised its conservatism. The Minister and the Government have substantially improved it and this should be acknowledged. However, we still believe it is too restrictive and the time limits should be increased. The Irish Penal Reform Trust recommends a minimum of 30 months and has stated its preference for 48 months as is the case in the UK. We should look at international best practice. I do not always believe we must look elsewhere, whether to the North, the UK or anywhere else, to see what we should do here, but in this area we should examine what is best practice throughout Europe. From the research we have done it appears a period of 12 months is too restrictive and we should consider 30 months.

One of the submissions made by the Irish Penal Reform Trust included a contribution from an individual which may add value to the debate. The person stated:

I would like to do various jobs in my chosen area but cannot even apply for a lot of positions due to my previous conviction. I feel as though I have given a lot back to society, now live a respectable crime free life and also wish to gain employment but am unable to do so. This is partly due to the current economic crisis but largely due to the fact that my conviction will be with me for life. The stigma of the conviction will hang over me for the rest of my life and no amount of voluntary work or academic success will ever change that.

This is an example of the type of person we are trying to support, help and encourage back into society to reintegrate and get back to employment. The Bill is our opportunity to make the right decisions and correct much of the conservatism and restrictive nature of existing law. We must strike the appropriate balance, which to be fair is what is being sought. I have made the arguments. Amendments Nos. 4 and 6 tabled by Sinn Féin are essentially the same. I will not make the arguments again other than to encourage the Minister of State to listen to what is being said. I have spoken to many organisations and individuals responsible for integrating prisoners back into society and they are also of the view that a 12 month period is too restrictive. This is our position and I am interested to hear the response of the Minister of State.