Mary Seery Kearney (Fine Gael) | Oireachtas source

I feel like a bit of an imposter because I am so late to the party. I want to mark the occasion by congratulating Senator Ruane. The Bill is a very fine piece of work and it is very much needed. I congratulate all those who have been involved, including those in the previous Seanad. I have no doubt all in the Civil Engagement Group played their part very well in supporting the Senator on the Bill.

Wearing my employment lawyer and data protection officer hat, I have advised employers on Garda vetting and its implementation, particularly in the recruitment industry, which might supply carers and employees to many industries. In this regard, I have always advised employers to ensure they have a policy that responds to Garda vetting and that it is not acceptable to decide that because there is something on a disclosure they receive, the person in question is now excluded from work. I have always found that deeply offensive. Way back, when I worked in the YMCA, the notion of Garda vetting first came in. The City of Dublin Youth Service Board introduced it and I was one of the sponsors sitting on it. I recall thinking at the time that we were employing many people who had come to us through community employment schemes who would have complete heart attacks when told we were going to vet them. That was 20 years ago. At the time, we had to write a policy to state that unless paedophilia or something serious concerning children emerged, it would be okay, because the organisation had, at its very heart, a rehabilitative, restorative justice ethos. We believe that if we said that was our ethos, we would have to back it up with our policies and encourage employers in that regard. I used to find it frustrating to come against a brick wall of employers. More recently, as a barrister advising, my attitude has been to ask whether a disclosure is relevant to the role.Unless someone has been involved in fraud or something really horrendous, it is okay for that person to be forgiven. A person's age and the seriousness of the offence have to be considered. We do not say "because you are employed you cannot...". I give a breakfast briefing on this whole area once a month. I say every month that if one is writing policy one has to respond. However, we now have it in law. There is a provision, albeit limited, already in there that former Minister, Alan Shatter, brought in but we needed to go further. Certainly, all I see now is that we are becoming more competitive and looking for ways of being more competitive. If someone is in California, their vetting is out. This does not go through the Garda or the police. One can Google someone and get their convictions. We will probably have to broaden areas and industries where vetting is absolutely necessary. This is all the more reason we should protect those who are going to be most vulnerable as a result of it. I commend Senator Ruane. This is a fine example of us, as legislators, making a difference in people's lives. Very well done and congratulations.