Seanad debates

Wednesday, 30 January 2013

Criminal Justice (Spent Convictions) Bill 2012: Committee Stage

 

1:40 pm

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour) | Oireachtas source

Sometimes, no matter how one wishes to address particular issues, one must also be conscious of what is the public mood at any particular time. I was glad to hear Senator Cullinane observe the Minister with overall responsibility probably is one of the most liberal. In addition, he does not assume that he knows all things or that no one else has reasonable or good suggestions and he has demonstrated this in what he has done. I agree with Senator van Turnhout in respect of the recidivism issue and am glad she brought it up as after four years, there is very little of it. However, people who come out of prison after a 12-month period and reoffend are not yet at a point in their lives at which they themselves are prepared to move on and this has absolutely nothing to do with a spent conviction. Members are discussing a different category of individual and in some cases, such an individual is someone who did something very foolish, perhaps minor, at a certain point in their lives but who has not been able to move on thereafter. I believe we are talking about two entirely different categories of people and this legislation is not set in stone - no legislation ever is. Let us see how this legislation and other items of legislation work. I am sure the Minister will take note of the comments made and will be in a position to respond on Report Stage. It is not an issue to which we cannot return, as we can, but I believe we are talking about two entirely different categories and we should not get them mixed up.

I have a little experience, when acting on behalf of constituents, in respect of the issue of people applying for visas to other countries. Ireland cannot control what is the law in any other country and consequently, regardless of the existence of spent conviction legislation here, when one wishes to visit a country that needs to know all one's convictions, one must then disclose them despite possibly being within the category of spent convictions. There is very little that can be done about this because Ireland cannot control the demands of other countries.

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