Seanad debates

Wednesday, 30 January 2013

Criminal Justice (Spent Convictions) Bill 2012: Committee Stage

 

2:00 pm

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

Generally speaking, unless states have reciprocal arrangements for the recognition of spent convictions, they do not recognise spent convictions in their respective jurisdictions. This is done for good reason, namely, that penal systems vary greatly around the world and that which merits a lenient sentence in one country may merit a harsh sentence in another country and vice versa. The legislation defines the word "conviction" in section 1 as conviction by a court, while "court" is defined as any court in the State. This clearly locates in this State the regime provided for in the Bill. For these reasons, the Government cannot accept the amendment.

One must be extremely careful in respect of people entering the State, even if this could be considered to be a conservative position. However, we also wish to welcome people who come here to make a contribution in good faith and with clean hands. Equally, we must ensure we have available to us all information related to crimes committed in other countries.

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