Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank Senator Bacik for raising this issue and giving me an opportunity to update the House on the situation in relation to it.

The Criminal Justice (Spent Convictions) Bill 2012 has passed Committee Stage in the Dáil, having passed all Stages in the Seanad. However, before the Bill could be taken at Report Stage, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the spent convictions Bill. That Court of Appeal case, known as the case of R (on the application of T) v. Chief Constable of Greater Manchester, found that the indiscriminate disclosure of all old, minor criminal records is incompatible with Article 8 of the European Convention on Human Rights.

Pending the amendment of both the spent convictions Bill, and the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, an administrative filter for Garda vetting disclosures has now been introduced. This provides that certain minor offences that are over seven years old are no longer disclosed. I should, therefore, state that we now have procedures in place that are more generous provisions than those currently contained in the spent convictions Bill. This is because the number of motoring offences or public order offences which are not disclosed is not restricted to the two offences currently envisaged in the spent convictions Bill. In accordance with the provisions of this filter, over 80% of District Court convictions now become spent after seven years and are no longer being disclosed in Garda vetting disclosures.

This filter now provides the basis for amending the spent convictions Bill, with a few alterations. I am mindful that a Circuit Court conviction which results in a penalty of 12 months' imprisonment could become spent under the current provisions of the Bill. I intend to retain a provision in the Bill which will allow one such Circuit Court conviction to become spent after seven years.

The UK case and a related report, known as the Mason report, have recommended that any regime of non-disclosure must be proportionate and "should be both simple and understandable to individuals who are users and/or customers of the disclosure service." I fully agree with that recommendation. However, the spent convictions Bill currently has 24 different categories of offences with 24 different relevant periods after which that category of conviction is spent. This is an unnecessarily complex and confusing aspect of the Bill. Accordingly, I intend to amend the Bill to mirror the simpler provisions already contained in the administrative filter. I intend to have a common standard for minor convictions becoming spent after seven years. This will provide a clear, easy to understand procedure.

I assure Senator Bacik that the amendments are being finalised and I intend to bring the amendments to the Bill before the Oireachtas as soon as possible, and certainly to have the Bill will be enacted before the summer. The Office of the Parliamentary Counsel, OPC, is currently finalising work on those amendments.

I should state however, that the spent convictions Bill does riot apply to visa applications or job applications in any other state, as we simply cannot legislate in this State for such matters.