David Norris (Independent) | Oireachtas source

I compliment Senator Ruane, who has shown considerable commitment to this House, coming in here when she is suffering from flu. Well done to her. I would also like to compliment her eminence grise, Sebastian, who I see in the Gallery. They are a very remarkable team.

Just a couple of weeks ago, a survey was done by the Irish Penal Reform Trust among people with convictions. The greatest concern was with employment; 81% found that having a conviction had a negative impact on getting a job. Another issue negatively impacted by having a conviction was emigration, at 56%. One cannot go to the United States if one has a criminal conviction, for example. Volunteering was at 53%. It is extraordinary that people who have recovered from their criminal past are not allowed to volunteer. Surely that would be a good thing. It is plain common sense that people in a job are less likely to offend. It should be a good idea to help them get a job.

I did not realise insurance would be affected and that they have to pay a higher premium; 39% of them said that. Looking at who these people were, the most serious punishment received by 25% of respondents was a fine. For 8% it was disposal under the Probation Act. More than one third of the people in this situation did not have a custodial sentence at all. It is a very harsh penalty to put on people when they just have this minor conviction. The impact is amazing.

People think that when one is released from jail, it is all over but it is not. They all said it was just beginning once they were released because they could not get a job. A client with the Merchant's Quay Project said:

It's the fear because I know that if I go for a job they are going to check me out and that's it, they're not going to hire me, so in my head, what's the point if they're not going to? They say, "Look at these convictions, we don't want a thief around us," so I don't bother.

Here is another one:

You do the crime, you go in and you do your time, that's fair enough. But then to be tarred with it for the rest of your life and for it to affect someone who is willingly trying to change and turn their life around, it kind of defeats the purpose.

It most certainly does.

The disclosure of convictions was contemplated by the European Court of Human Rights in 2012. It decided that there was a privacy element about the revelation of convictions because it inhibited the ability to develop life. It considered that as the past conviction recedes, it becomes part of the person's private life and is covered by privacy legislation. The single conviction rule that only one conviction is enough to trigger this situation was determined by the United Kingdom Supreme Court to be so disproportionate as to be nonsensical and to facilitate employer discrimination. We have a parallel situation with regard to the Internet. Google has had to accept the right to be forgotten. This is a legal equivalent for the right to be forgotten. I was at the briefing and found it very impressive. The gentleman from Pathways told of a number of situations. He is an obvious person to be in the Penal Reform Trust and so on but he had to get an order from the High Court to allow him to sit on this charity. If he wanted to go on a school-organised holiday with his children, he had to be vetted by the police and he did not want his children at that stage to know the situation.

I strongly support the Bill. It is excellent. I will end with an email I received from somebody who works in the community. She says she is currently working as a community addiction worker and feels that extending the legislation will allow more people with lived experience and therefore a wealth of knowledge that cannot be taught to access work in her particular field or any community support programme. In addition, and arguably more importantly, it allows for second chances. We too often stand in judgment of others, which can create even more tiers within our society. This is a progressive move by Senator Ruane and the Civil Engagement group. I compliment them on it and take my hat off to Senator Ruane for coming in with her flu. I would recommend that immediately after this she goes straight to bed, only stopping in the kitchen to get a hot whiskey.