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

Amendment No. 26 is being inserted for the avoidance of doubt. It is possible to read section 9(5) as requiring anyone moving between any of two positions with the same employer to disclose any spent conviction, if asked. Instead, what is intended is that this only applies where a person is moving to relevant work, as defined in the Bill, with the same employer. For example, it may be the case that one public service employer may have certain positions that are designated as relevant work and other positions that are not so designated. A person moving into relevant work would have to disclose all past convictions if requested to do so, whereas a person moving from one area that was not relevant work to a similar area would not have to disclose any spent convictions. In other words, if a person is moving from one employer to another to do the same work and such work is not covered in the Schedule, the person should not be asked to disclose spent convictions.

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