Seanad debates

Friday, 12 July 2013

10:30 am

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail) | Oireachtas source

I seek a debate early in the next term on the abuse and misuse of the Garda PULSE system. I will give three brief examples of serious abuse of the system. This morning, I received a telephone call from a professional person, a young man, who was involved in a road traffic accident which resulted in him taking a breathalyser test. The judge in the subsequent case before the courts applied the probation Act. However, when the man in question found employment, his employer ran a check and despite not having a conviction, he lost his job because the incident featured in the PULSE system. This an abuse and misuse of the system. When the young man complained to the sergeant, the latter indicated that it was his view that the judge had made a mistake. Sergeants, superintendents and gardaí may not act as judge and jury. The case was decided in court and was not appealed. The matter should have rested at that.

In a second case, a young man who I knew well got a job driving for the new travelling banks which have replaced bank branches that have been closed. When a check was done on him, it was found that he had been convicted for a small misdemeanour at the age of 17 years arising from a Mickey Mouse charge that was brought when he and a few other young fellows who had attended a party were found on a pub premises about half an hour after closing time. Despite the nature of the charge and the fact that nobody was hurt, the young man's name came up in the PULSE system. Following six weeks of employment, he was sacked for having a criminal record. Is that fair?

The third case relates to a young man who was the innocent party in an affray five or six years ago in which he had the hell beaten out of him and was left with severe bruising. I know the family in question. When he subsequently went for a job, his name featured on a check of the PULSE system, despite the fact that those who assaulted him had been convicted in court and received suspended sentences and heavy fines. A friend of the family, a sergeant in Dublin, asked how the young lad's name featured on PULSE given that he had not done anything wrong and had not been charged. I am sure Senators will see what the problem is from these three examples.

In my view, the PULSE system is being misused. I think it is worthy of a debate here. A professional was refused a job. The telephone call I received this morning angered me. He has done nothing wrong. In one case, the judge applied the Probation Act, which means the man in question has no criminal record. It is an absolute disgrace that the garda is using the PULSE system to stop people from getting work. I hope we will have a debate on justice matters, with specific reference to this issue, when the new term starts in September. We need to consider whether the PULSE system is working or is being abused. It seems to me, based on what I have heard, that it is being scandalously misused.

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