Ivana Bacik (Independent) | Oireachtas source

Report Stage is ordered but it has not commenced Report Stage.

I have been approached by quite a number of individuals, as I know have other colleagues, in particular my colleague, Senator John Kelly, who are very much disadvantaged by the failure to enact legislation on this because as we know, having a criminal record can present obstacles to employment, education or training, insurance, volunteering and travel abroad.

The Irish Penal Reform Trust, IPRT, has worked for a long time for a scheme such as this one and welcomed the Criminal Justice (Spent Convictions) Bill. I am grateful to the IPRT for arranging with me a seminar on the issue of spent convictions on 4 February. Quite a number of colleagues from the Dáil and the Seanad attended that seminar because there is a great deal of concern about this issue.

Many of us are being approached by people who are very much affected by it. We heard eloquent and powerful testimony from a director of Unlock, the national association of reform defenders in Britain, and from Irish individuals including Deirdre Malone, the executive director of the Irish Penal Reform Trust, who spoke about the effect the absence of any such framework for spent convictions has had.

We heard in particular that once the Bill is recommenced, and I hope that will happen very soon, there are two areas we might want to examine again, particularly in light of recent British changes. The United Kingdom recently raised the upper limit for a sentence that can be considered spent to up to 48 months, or four years.That is quite a significant change compared to the 12 months' maximum sentence that is provided for in the Bill at present. We might want to look at that period to see if we could increase that also.

The other point that was made forcefully to us was that at present the Bill would only allow for convictions to be spent where there are two or less convictions. From my background in criminal justice practice, I would be aware that in their early or late teens, many might have picked up three or four public order convictions or minor convictions arising out of one incident but, because there are three or four of those minor convictions, they can never be considered spent under the Bill. Can that be reviewed when the Bill moves to Report Stage?

The most pressing issue is a timeframe in which we can reassure those involved that they are likely to see their convictions considered spent. One young man, who approached me recently, had been offered a job and, because of a minor conviction that he had picked up in his late teens, he is fearful that he will not be able to take up the job. There are many others in Ireland who are facing similar disadvantages in employment, in travelling abroad, etc., and this legislation is a lifeline for them.