Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 2:

In page 11, between lines 9 and 10, to insert the following:

"Non-disclosure of information

13.For the avoidance of doubt, the Central Authority shall not transmit to the requesting Member State information relating to convictions in the State contained in the Criminal Records database in accordance with this Act where— (a) the conviction is regarded as spent by virtue of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016,

(b) for a purpose specified in Schedule 3, the conviction is one to which Section 14A of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 applies,

(c) it is a finding of guilt to which section 258 of the Children Act 2001 applies.".

This is tabled in the same spirit as amendment No. 1 and the general equality of treatment principles that underlay the legislation. It relates to the treatment of convictions that have become spent under Irish law and the obligation to transmit such spent convictions to other European Union member states in accordance with this Act. If our laws deem a conviction to be spent, I would be of the strong view that information relating to such a conviction should not be transmitted under this Act. We have told the individual concerned that after a set period of not offending, this convection would no longer be relevant and it would no longer be a factor. It stands to reason, therefore, that this would extend to information sent to other jurisdictions, especially as our laws only apply to minor convictions received in the District Court and the Circuit Court.

There is no explicit mention in this Bill of any such arrangements or for how convictions received by those under 18 would be treated. This amendment would give statutory effect to those concerns. I recognise there may be sensitive matters that could require a more detailed disclosure of information and that these are set out in Schedule 3 to the Bill. I have, therefore, set out that in respect of these matters, it would be section 14A of the National Vetting Bureau Act that would apply to these convictions as these are the equivalent measures used for more sensitive issues here in Ireland.

I know this matter was raised with the Minister in the Dáil, and whether the legislation would apply to spent convictions and whether they would be transmitted was raised by Deputies Catherine Connolly and Martin Kenny on Committee Stage at the Select Committee on Justice and Equality. The Minister's view at the time was that the Bill would not apply to spent convictions and that he would take it up with the central authority to make sure. However, as no amendments were tabled to the Bill on Report Stage in the Dáil, there is a need for this provision to be made explicit in the Bill. I urge the Minister to take on the amendment, which I see as a key part of the reform of spent convictions.