Seanad debates

Wednesday, 30 January 2013

Criminal Justice (Spent Convictions) Bill 2012: Committee Stage

 

2:00 pm

Photo of Paul BradfordPaul Bradford (Fine Gael) | Oireachtas source

Perhaps I should have spoken when Senator Cullinane moved amendment No. 27. I listened to the Minister of State's response to Senator Cullinane's amendment and it may be that the matter I raise has been addressed previously in this debate or on Second Stage. The rules that apply to spent convictions in Britain are probably more relevant than the position that obtains in Australia, New Zealand and other countries. If a person who has benefited from spent conviction provisions in the United Kingdom enters this country, will his or her conviction be automatically considered spent?

The Minister of State refused to accept amendment No. 25 on the basis that it referred to persons entering the country who had a spent conviction in this country. What is the position regarding a person entering the country from Britain who had a conviction deemed to be spent in the UK? Would that conviction also be deemed spent in this country if it came within the ambit of our spent conviction legislation? This scenario, which probably applies to a small number of cases, is different from the scenario highlighted by Senator Cullinane as it refers to people in Britain whose convictions have been deemed spent. What is the Irish position regarding British spent convictions?

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